Stallings v. Social Security
Stallings v. Social Security
Trial Court Opinion
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
Reference
- Status
- Unknown