Opinion
Case No. 18-11409
01-29-2019
Rose E. Cantu, Plaintiff, v. Commissioner of Social Security, Defendant.
Mag. Judge David R. Grand ORDER ADOPTING REPORT AND RECOMMENDATION [27]
Before the Court is Magistrate Judge David R. Grand's Report and Recommendation recommending that plaintiff's motion for summary judgment (Dkt. 21) be granted in part to the extent it seeks remand and denied in part to the extent it seeks an award of benefits; that defendant's motion for summary judgment be denied (Dkt. 22); and that the case be remanded to the Administrative Law Judge ("ALJ") for proceedings consistent with theis Report and Recommendation. (Dkt. 27.) The parties were required to file specific written objections within fourteen days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). No objections were filed. The Court has nevertheless carefully reviewed the Report and Recommendation and concurs in the reasoning and result. Accordingly,
By failing to object to the Report and Recommendation, the parties have waived any further right of appeal. United States v. Archibald, 589 F.3d 289, 295-96 (6th Cir. 2009). --------
The Report and Recommendation (Dkt. 27) is ADOPTED;
Plaintiff's motion for summary judgment (Dkt. 21) is GRANTED IN PART to the extent it seeks remand and DENIED IN PART to the extent it seeks an award of benefits;
Defendant's motion for summary judgment (Dkt. 22) is DENIED; and
This case is hereby REMANDED to the ALJ for further proceedings consistent with this Report and Recommendation.
IT IS SO ORDERED. Dated: January 29, 2019
Ann Arbor, Michigan
s/Judith E. Levy
JUDITH E. LEVY
United States District Judge