McDowell
v.
Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISIONFeb 4, 2014
Case No. 12-CV-15175 (E.D. Mich. Feb. 4, 2014)

Case No. 12-CV-15175

02-04-2014

DJENABA MCDOWELL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


HON. GEORGE CARAM STEEH


ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND

RECOMMENDATION (DOC. #13), GRANTING IN PART PLAINTIFF'S MOTION

FOR SUMMARY JUDGMENT (DOC. # 9), DENYING DEFENDANT'S MOTION

FOR SUMMARY JUDGMENT (DOC. # 12), AND REMANDING ACTION

Before the court are the parties' cross-motions for summary judgment, which were referred to the magistrate judge for a report and recommendation. On December 9, 2013, Magistrate Judge Mona Mazoub issued her report, recommending that the court grant in part and deny in part the plaintiff's motion for summary judgment, deny the defendant's motion for summary judgment, and remand the matter for further administrative proceedings.

The magistrate judge specifically stated that any objections to her report were to be filed within 14 days of service, and that failure to file such objections constituted a waiver of any further right of appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985). No such objections were filed by either party.

The court has reviewed the record and briefing in this matter, as well as the magistrate judge's report and recommendation. Finding that report and recommendation to be well-reasoned, the court hereby adopts the result recommended therein. Accordingly, plaintiff's motion for summary judgment is hereby GRANTED IN PART, to the extent it seeks remand, and DENIED IN PART to the extent it seeks outright reversal and an award of benefits. Defendant's motion for summary judgment is DENIED, and this cause of action is REMANDED to the Commissioner of Social Security for further consideration as stated in the report and recommendation.

IT IS SO ORDERED.

____________________


GEORGE CARAM STEEH


UNITED STATES DISTRICT JUDGE


CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

February 4, 2014, by electronic and/or ordinary mail.

Marcia Beauchemin

Deputy Clerk