Summary
remanding because no expert opinion on equivalence in the record
Summary of this case from Dragoiu v. Comm'n of Soc. Sec.Opinion
Case No: 11-14596-DT
02-28-2013
KIMBERLY N. HAYES Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter case was referred to United States Magistrate Judge Michael Hluchaniuk pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on February 4, 2013, recommending that defendant's motion for summary judgment should be DENIED, that plaintiff's motion for summary judgment be GRANTED, that the findings of the Commissioner be REVERSED and that the case be REMANDED 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. Thomas v. Arn, 474 U.S. 140, 149 (1985).
Having reviewed the file and the report, the court concludes that the findings and conclusions of the Magistrate Judge are correct and ADOPTS the same for purposes of this Order.
ORDER
IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the plaintiff's motion for summary judgment is DENIED, the defendant's motion for summary judgment is GRANTED, the findings of the Commissioner are REVERSED and the case is REMANDED for further proceedings.
IT IS SO ORDERED.
______________________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, February 28, 2013, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522