Espy v. Social Security ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL W. ESPY, Plaintiff, vs. CIVIL NO.: 19-CV-10305 HON. ROBERT H. CLELAND COMMISSIONER OF SOCIAL SECURITY Defendant. / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION This matter is before the court on the parties’ cross motions for summary judgment. The case was referred to United States Magistrate Judge David R. Grand pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on October 25, 2019 recommending that this court deny Defendant’s Motion for Summary Judgment, [Dkt #16] Grant in Part Plaintiff’s Motion for Summary Judgment [Dkt #13] and remand the case to the Commissioner for further proceedings. No objections have been filed pursuant to 28 U.S.C. §636(b)(1)(C); thus further appeal rights are waived.1 Accordingly, the court ADOPTS the recommended findings and conclusions of the Magistrate Judge. 1 The failure to object to the magistrate judge's report releases the court from its duty to independently review the motion. See Thomas v. Arn, 474 U.S. 140,149 (1985). ORDER IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Defendant’s Motion for Summary Judgment [Dkt #16] is DENIED, Plaintiff’s Motion for Summary Judgment [Dkt #13] is GRANTED IN PART to the extent it seeks remand; DENIED IN PART to the extent it seeks an award of benefits and this matter is REMANDED for further proceedings. IT IS SO ORDERED. S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: November 22, 2019 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, November 22, 2019, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk (810) 292-6522