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Morgan v. Commissioner of Social Security

United States District Court, E.D. Michigan, Southern Division

January 14, 2015

PETER MORGAN, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER (1) ADOPTING MAGISTRATE JUDGE WHALEN'S DECEMBER 12, 2014 REPORT AND RECOMMENDATION (ECF NO. 22); (2) GRANTING DEFENDANT'S MOTION TO REMAND (ECF NO. 17); (3) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT SEEKING A REMAND FOR ENTRY OF BENEFITS AND DENYING AS MOOT PLAINTIFF'S REQUEST FOR A REMAND FOR FURTHER FACT FINDING (ECF NO. 15); (4) REMANDING FOR FURTHER PROCEEDINGS PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), TO BE CONSOLIDATED WITH THIS COURT'S PREVIOUS REMAND IN CASE NO. 12-12071

PAUL D. BORMAN, District Judge.

On December 12, 2014, Magistrate Judge R. Steven Whalen issued a Report and Recommendation that this Court (1) grant Defendant's Motion to Remand for further administrative proceedings, to be consolidated with the remand previously ordered by this Court in Case No. 12-12071 (ECF No. 17) and (2) deny Plaintiff's Motion for Summary Judgment as to the request for an remand for an award of benefits and deny as moot Plaintiff's request for a remand for further fact-finding (ECF No. 15). (ECF No. 22, Report and Recommendation.)

Having reviewed the Report and Recommendation, and there being no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich. L.R. 72.1(d), the Court:

(1) ADOPTS the Report and Recommendation (ECF No. 22);
(2) GRANTS Defendant's Motion to Remand (ECF No. 17);
(3) DENIES Plaintiff's Motion for Summary Judgment seeking a remand for an award of benefits and DENIES AS MOOT Plaintiff's request for a remand for further fact finding (ECF No. 15);
(4) REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings, to be consolidated with this Court's previous remand in Case No. 12-12071, consistent with ...

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