Opinion
Case Number 18-11007
06-12-2019
JOSEPH MERCIER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Magistrate Judge Mona K. Majzoub ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION , GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND REVERSING AND REMANDING THE DECISION OF THE COMMISSIONER FOR FURTHER PROCEEDINGS
Presently before the Court is the report issued on May 28, 2019 by Magistrate Mona K. Majzoub pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the plaintiff's motion for summary judgment, deny the defendant's motion for summary judgment, and remand the case for further proceedings. Although the magistrate judge's report stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation (ECF No. 14) is ADOPTED.
It is further ORDERED that the defendant's motion for summary judgment (ECF No. 13) is DENIED.
It is further ORDERED that the plaintiff's motion for summary judgment (ECF No. 12) is GRANTED. The findings of the Commissioner are REVERSED and the case is REMANDED to the Commissioner for further proceedings.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge Date: June 12, 2019