Miller v. Comm'r of Soc. Sec.

Full title: MONICA MELISSA MILLER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

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

Date published: May 9, 2016

Civil Case No: 15-11345 (E.D. Mich. May. 9, 2016)

Opinion

Civil Case No: 15-11345

05-09-2016

MONICA MELISSA MILLER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Honorable David M. Lawson

Magistrate Judge R. Steven Whalen ORDER ADOPTING REPORT AND RECOMMENDATION , GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS

Presently before the Court is the report issued on April 21, 2016 by Magistrate Judge R. Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that the Court grant in part 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 explicitly 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 thus far. 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 [dkt. #19] is ADOPTED.

It is further ORDERED that the plaintiff's motion for summary judgment [dkt. #16] is GRANTED IN PART.

It is further ORDERED that the defendant's motion for summary judgment [dkt. #17] is DENIED.

It is further ORDERED that the matter is REMANDED to the Commission for further administrative proceedings.

s/David M. Lawson

DAVID M. LAWSON

United States District Judge Dated: May 9, 2016

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on May 9, 2016.

s/Holly Monda

HOLLY MONDA