Summary
deeming claimant's argument that the ALJ failed to properly discount her subjective allegations because the Plaintiff "merely mention[ed] [them] perfunctorily without developing an argument"
Summary of this case from Farris v. SaulOpinion
Case No. 13-cv-10148
12-27-2013
CHRISTINE THERESA MACIELAK, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
HONORABLE STEPHEN J. MURPHY, III
ORDER ADOPTING REPORT (document no. 13), GRANTING
IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
(document no. 11), DENYING DEFENDANT'S MOTION FOR SUMMARY
JUDGMENT (document no. 12), AND REMANDING FOR FURTHER PROCEEDINGS
On November 26, 2013, the magistrate judge issued a report and recommendation ("Report"). Report, ECF No. 13. The Report recommended granting in part Plaintiff's motion for summary judgment, denying Defendant's motion for summary judgment, and remanding the case for further proceedings. No party filed a timely objection to the Report. See Fed. R. Civ. P. 6; Fed. R. Civ. P. 72(b)(2). Although a court must review proper objections to a magistrate judge's report and recommendation, a court may adopt, reject, or amend the portions of a report and recommendation to which no party properly objects. See Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 150 (1985). For the reasons listed in the Report, the Court will adopt it.
ORDER
WHEREFORE, it is hereby ORDERED that the Report (document no. 13) is ADOPTED, that Plaintiff's motion for summary judgment (document no. 11) is GRANTED IN PART, and that Defendant's motion for summary judgment (document no. 12) is DENIED.
IT IS FURTHER ORDERED that the case be REMANDED for further proceedings consistent with this order.
SO ORDERED.
_______________
STEPHEN J. MURPHY, III
United States District Judge
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on December 27, 2013, by electronic and/or ordinary mail.
Carol Cohron
Case Manager