Jackson v. Comm'r of Soc. Sec.

Full title: ANTHONY JOSEPH JACKSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Mar 31, 2016

CASE NO. 2:15-cv-11161 (E.D. Mich. Mar. 31, 2016)

Opinion

CASE NO. 2:15-cv-11161

03-31-2016

ANTHONY JOSEPH JACKSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

HON. MARIANNE O. BATTANI

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION; GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Doc. 10); GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. 12); AND REMANDING TO THE COMMISSIONER FOR FURTHER CONSIDERATION

Plaintiff Anthony Joseph Jackson has brought this action challenging the Commissioner of Social Security's final decision denying his application for Disability Insurance Benefits and Supplemental Security Income under the Social Security Act. The case was referred to Magistrate Judge Anthony P. Patti pursuant to 28 U.S.C. § 636(b)(1). Both parties filed dispositive motions, and in a Report and Recommendation ("R&R") dated February 11, 2016, Magistrate Judge Patti recommended that Plaintiff's Motion for Summary Judgment be granted in part and denied in part and that the Commissioner's Motion for Summary Judgment also be granted in part and denied in part. (Doc. 16).

In the R&R, the Magistrate Judge informed the parties that objections to the R&R needed to be filed within fourteen days of service and that a party's failure to file objections would waive any further right of appeal. (Id., p. 33). Neither party filed objections. Because no objections have been filed in this case, the parties waived their right to de novo review and appeal. Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation (Doc. 16), GRANTS IN PART AND DENIES IN PART Plaintiff's Motion for Summary Judgment (Doc. 10), and GRANTS IN PART AND DENIES IN PART the Commissioner's Motion for Summary Judgment (Doc. 12). The Court therefore AFFIRMS IN PART the Commissioner's decision and REMANDS Plaintiff's claim to the Commissioner for further consideration consistent with the R&R.

IT IS SO ORDERED. Date: March 31, 2016

s/Marianne O. Battani

MARIANNE O. BATTANI

United States District Judge

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective email addresses or First Class U.S. mail to the non-ECF participants on March 31, 2016.

s/ Kay Doaks

Case Manager