Jordan v. Comm'r of Soc. Sec.

Full title: BEVERLY JORDAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Aug 24, 2018

Case No. 17-cv-12393 (E.D. Mich. Aug. 24, 2018)

Opinion

Case No. 17-cv-12393

08-24-2018

BEVERLY JORDAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Hon. Matthew F. Leitman

ORDER (1) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #10) , (2) DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF #11), AND (3) REMANDING THIS ACTION FOR FURTHER ADMINISTRATIVE PROCEEDINGS

In this action, Plaintiff Beverly Jordan challenges the denial of her application for supplemental Social Security income benefits. (See Compl., ECF #1.) Jordan and Defendant Commissioner of Social Security have now filed cross-motions for summary judgment. (See ECF ## 10, 11.)

On August 6, 2018, the assigned Magistrate Judge issued a Report and Recommendation in which she recommended that the Court grant Jordan's motion, deny the Commissioner's motion, and remand this action to the Commissioner for further administrative proceedings (the "R&R"). (See ECF #17.) At the conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted to seek review of his recommendation, they needed to file specific objections with the Court within fourteen days. (See id. at Pg. ID 291-92.)

The Commissioner has not filed any objections to the R&R. The failure to object to an R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). In addition, the failure to file objections to an R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).

Accordingly, because the Commissioner has failed to file any objections to the R&R, IT IS HEREBY ORDERED that the Magistrate Judge's recommendation to grant Jordan's Motion for Summary Judgment and deny the Commissioner's Motion for Summary Judgment is ADOPTED.

IT IS FURTHER ORDERED that (1) Jordan's Motion for Summary Judgment (ECF #10) is GRANTED, (2) the Commissioner's Motion for Summary Judgment (ECF #11) is DENIED, and (3) this action is REMANDED to the Commissioner for further administrative proceedings consistent with the R&R and this order.

s/Matthew F. Leitman

MATTHEW F. LEITMAN

UNITED STATES DISTRICT JUDGE Dated: August 24, 2018

I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on August 24, 2018, by electronic means and/or ordinary mail.

s/Holly A. Monda

Case Manager

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