Stallings v. Social Security ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LEONARD CECIL STALLINGS, 2:18-CV-12136-TGB Plaintiff, ORDER ADOPTING REPORT vs. AND RECOMMENDATION COMMISSIONER OF SOCIAL SECURITY, Defendant. This matter is before the Court on Magistrate Judge Elizabeth A. Stafford’s Report and Recommendation of July 31, 2019 (ECF No. 18) recommending that Plaintiff’s Motion for Summary Judgment (ECF No. 11) be granted, Defendant’s Motion for Summary Judgment (ECF No. 14) be denied, and the Commissioner of Social Security’s decision be remanded for further consideration under sentence four of 42 U.S.C. § 405(g). The Court has reviewed the Magistrate Judge’s Report and Recommendation. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of a report and recommendation. 28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report . . . to which objection is made.” Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will therefore accept the Magistrate’s Report and Recommendation of July 31, 2019 as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Magistrate Judge Stafford’s Report and Recommendation of July 31, 2019 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Plaintiff’s Motion for Summary Judgment is GRANTED, Defendant’s Motion for Summary Judgment is DENIED, and the Commissioner’s decision is REMANDED FOR FURTHER CONSIDERATION under sentence four of 42 U.S.C. § 405(g). Dated: August 20, 2019. BY THE COURT: /s/Terrence G. Berg TERRENCE G. BERG United States District Judge CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was mailed to the parties of record on this date, August 20, 2019, by electronic and/or ordinary mail. S/A. Chubb Case Manager and Deputy Clerk