Weishuhn v. Saul ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ZACHARIAS WEISHUHN, 2:19-cv-13258 Plaintiff, HON. TERRENCE G. BERG HON. DAVID R. GRAND v. COMMISSIONER OF SOCIAL ORDER ADOPTING REPORT SECURITY, AND RECOMMENDATION Defendant. (ECF NOS. 11, 13) This matter is before the Court on Magistrate Judge David R. Grand’s November 12, 2020 Report and Recommendation (ECF No. 20) recommending that Defendant’s Motion for Summary Judgment (ECF No. 13) be DENIED, Plaintiff’s Motion for Summary Judgment (ECF No. 11) be GRANTED, and that, pursuant to sentence four of 42 U.S.C. § 405(g), this case be REMANDED to the ALJ for further proceedings consistent with this Recommendation. 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 November 12, 2020 as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Magistrate Judge Grand’s Report and Recommendation of November 12, 2020 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Defendant’s Motion for Summary Judgment (ECF No. 13) be DENIED, Plaintiff’s Motion for Summary Judgment (ECF No. 11) be GRANTED and that, pursuant to sentence four of 42 U.S.C. § 405(g), this case be REMANDED to the ALJ for further proceedings consistent with this Recommendation. SO ORDERED. Dated: December 9, 2020 s/Terrence G. Berg TERRENCE G. BERG UNITED STATES DISTRICT JUDGE