Opinion
CIVIL NO.: 16-CV-12167-DT
09-18-2017
CHIRECE JOYCE CLARK,, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter is before the court on the parties' cross motions for summary judgment. The case was referred to United States Magistrate Judge Stephanie Dawkins Davis pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued her report on August 17, 2017 recommending that this court deny defendant's motion for summary judgment, grant in part plaintiff's motion for summary judgment and remand the case to the Commissioner for further proceedings. No objections have been filed pursuant to 28 U.S.C. §636(b)(1)(C); thus further appeal rights are waived.
The failure to object to the magistrate judge's report releases the court from its duty to independently review the motion. See Thomas v . Arn , 474 U.S. 140,149 (1985). --------
Having reviewed the file and the report, the court determines that the findings and conclusions of the magistrate judge are correct and ADOPTS the same for purposes of this order.
ORDER
IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the defendant's motion for summary judgment is DENIED, plaintiff's motion for summary judgment is GRANTED IN PART AND DENIED IN PART and this matter is REMANDED for further proceedings.
IT IS SO ORDERED.
S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE Dated: September 18, 2017 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, September 18, 2017, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
(810) 292-6522