CIVIL NO.: 18-CV-12048
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 Julne 28, 2019 recommending that this court deny Defendant's Motion for Summary Judgment, [Dkt #17] and grant in part Plaintiff's Motion for Summary Judgment [Dkt #14] 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.
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). --------
The court determines that the findings and conclusions of the magistrate judge are correct and ADOPTS the same for purposes of this 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 #17] is DENIED, Plaintiff's Motion for Summary Judgment [Dkt #14] is GRANTED IN PART under sentence four of 42 U.S.C. §405(g) and this matter is REMANDED for further proceedings.
IT IS SO ORDERED.
S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE Dated: July 19, 2019 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, July 19, 2019, by electronic and/or ordinary mail.
Case Manager and Deputy Clerk