Opinion
Case No. 17-14125
03-11-2019
MONISHA HARRIS, O/B/O L.G., a Minor, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION GRANTING PLAINTIFF'S , AND DENYING DEFENDANT'S, MOTIONS FOR SUMMARY JUDGMENT
This matter is before the Court on Magistrate R. Steven Whalen's February 13, 2019 Report and Recommendation (Dkt. 22), recommending that Plaintiff Monisha Harris' motion for summary judgment (Dkt. 17) be granted, and Defendant Commissioner's motion for summary judgment (Dkt. 19) be denied.
The Court has reviewed the Magistrate Judge's Report and Recommendation. The law provides that either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). As of this date, neither party has filed any objections, and the time to do so has now expired.
The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will, therefore, accept the Magistrate Judge's Report and Recommendation of February 13, 2019 as this Court's findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Whalen's Report and Recommendation of February 13, 2019 (Dkt. 22) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Plaintiff Monisha Harris' motion for summary judgment (Dkt. 17) is GRANTED, and the case is remanded under the fourth sentence of 42 U.S.C. §405(g) for administrative proceedings. Defendant's motion for summary judgment (Dkt. 19) is DENIED.
SO ORDERED. Dated:March 11, 2019
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE