Pulaskey v. Social Security ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL J. PULASKEY, Case No. 20-12658 Plaintiff, Stephanie Dawkins Davis v. United States District Judge COMMISSIONER OF SOCIAL Elizabeth A. Stafford SECURITY, Magistrate Judge Defendant. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S FEBRUARY 4, 2022 REPORT AND RECOMMENDATION (ECF No. 22) Currently before the court is Magistrate Judge Elizabeth A. Stafford’s February 4, 2022 Report and Recommendation. (ECF No. 22). Judge Stafford recommends granting Plaintiff’s Motion to for Summary Judgment, denying the Commissioner’s Motion for Summary Judgment, and remanding this matter under sentence four of 2 U.S.C. § 405(g). The court is fully advised in the premises and has reviewed the record and the pleadings. Neither party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, 2012 WL 3639070 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court nevertheless agrees with the Magistrate Judge’s recommended disposition. Therefore, the court ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 22) and GRANTS Plaintiff’s motion, DENIES Defendant’s motion and REMANDS this matter under sentence four of 42 U.S.C. § 405(g) for further consideration consistent with the Magistrate Judge’s Report and Recommendation. IT IS SO ORDERED. Date: March 9, 2022 s/Stephanie Dawkins Davis Stephanie Dawkins Davis United States District Judge CERTIFICATE OF SERVICE I certify that on March 9, 2022, I filed the foregoing paper with the Clerk of the Court using the ECF system which will send electronic notification to all counsel of record and I mailed by United States Postal Service to the following non-ECF participant: s/Richard Loury Case Manager (810) 341-7061