Walker v. Comm'r of Soc. Sec.

Full title: KIMBERLY L. WALKER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

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

Date published: Jan 27, 2015

CASE NO. 14-CV-11137 (E.D. Mich. Jan. 27, 2015)

Opinion

CASE NO. 14-CV-11137

01-27-2015

KIMBERLY L. WALKER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

HONORABLE GEORGE CARAM STEEH

ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DOC. #23), GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. #18), DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. #20), DISMISSING AS MOOT PLAINTIFF'S MOTION TO AMEND (DOC. #21) AND REMANDING ACTION

Before the court are the parties' cross-motions for summary judgment, which were referred to the magistrate judge for a report and recommendation. On December 31, 2014, Magistrate Judge David Grand issued his report, recommending that the court grant plaintiff's motion for summary judgment, deny the defendant's motion for summary judgment, and remand the matter for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

The magistrate judge specifically stated that any objections to his report were to be filed within 14 days of service, and that failure to file such objections constituted a waiver of any further right to appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985). No such objections were filed by either party.

The court has reviewed the record and briefing in this matter, as well as the magistrate judge's report and recommendation. Finding that report and recommendation to be well-reasoned, the court hereby adopts the result recommended therein. Accordingly, plaintiff's motion for summary judgment is hereby GRANTED. Defendant's motion for summary judgment is DENIED, and this cause of action is REMANDED to the Commissioner of Social Security for further consideration pursuant to sentence four of 42 U.S.C. § 405(g) as stated in the report and recommendation.

IT IS FURTHER ORDERED that plaintiff's motion to amend/correct the complaint is DISMISSED AS MOOT.

IT IS SO ORDERED. Dated: January 27, 2015

s/George Caram Steeh

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

January 27, 2015, by electronic and/or ordinary mail.

s/Marcia Beauchemin

Deputy Clerk