UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

STUART ALLEN ROWLEY, 

Plaintiff,

Case No. 15-11988

v.

HONORABLE AVERN COHN

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 14)

AND

GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Doc. 9)

AND

DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 13)

AND

REMANDING MATTER FOR FURTHER ADMINISTRATIVE PROCEEDINGS

I.

This is a social security case. Plaintiff Stuart Allen Rowley appeals from the final

determination of the Commissioner of Social Security (Commissioner) that he is not

disabled and therefore not entitled to disability insurance benefits. The matter was

referred to a magistrate judge for all pretrial proceedings. Plaintiff and the Commissioner

filed cross motions for summary judgment. (Docs. 9, 13). Plaintiff requested that the

Commissioner’s decision either be reversed or remanded to the Administrative Law

Judge (ALJ) for further proceedings. 

The magistrate judge issued a report and recommendation (MJRR),

recommending that plaintiff’s motion be granted, the Commissioner’s motion be denied,

and the matter remanded under sentence four1

 for further administrative proceedings. 

1

 “A district court's authority to remand a case for further administrative

proceedings is found in 42 U.S.C. § 405(g).” Hollon v. Commissioner, 447 F.3d 477,

2:15-cv-11988-AC-DRG Doc # 15 Filed 08/09/16 Pg 1 of 2 Pg ID 823
(Doc. 14) Specifically, the magistrate judge says that the Commissioner’s decision

because the ALJ’s decision to give Dr. Cherukuri’s opinion “little weight” is not supported

by substantial evidence. 

II.

Neither party has filed objections to the MJRR and the time for filing objections

has passed. The failure to file objections to the report and recommendation waives any

further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d

1370, 1373 (6th Cir.1987). Likewise, the failure to object to the magistrate judge's report

releases the Court from its duty to independently review the motions. Thomas v. Arn,

474 U.S. 140, 149 (1985). 

However, the Court has reviewed the MJRR and agrees with the magistrate

judge. Accordingly, the findings and conclusions of the magistrate judge are ADOPTED

as the findings and conclusions of the Court. Plaintiff’s motion for summary judgment is

GRANTED IN PART. The Commissioner’s motion for summary judgment is DENIED.

This matter is REMANDED for further administrative proceedings consistent with

the MJRR. 

SO ORDERED.

S/Avern Cohn 

AVERN COHN

Dated: August 9, 2016 UNITED STATES DISTRICT JUDGE

 Detroit, Michigan

482-83 (6th Cir. 2006). The statute permits only two types of remand: a sentence four

(post-judgment) remand made in connection with a judgment affirming, modifying, or

reversing the Commissioner's decision; and a sentence six (pre-judgment) remand

where the court makes no substantive ruling as to the correctness of the Commissioner's

decision. Hollon, 447 F.3d at 486 (citing Melkonyan v. Sullivan, 501 U.S. 89, 99-100,

111 S.Ct. 2157, 115 L.Ed.2d 78 (1991)). 

2

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