Bajlory v. Commissioner of Social Security Administration, No. 3:2020cv00096 - Document 31 (M.D. Tenn. 2022)

Court Description: MEMORANDUM OPINION AND ORDER: Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. 30 ), recommending that Plaintiff's Motion for Judgment on the Administrative Record (Doc. No. 23 , "Motion") b e granted, that the Commissioner's final decision be vacated, and that this matter be remanded to the Social Security Administration for further proceedings. No Objections to the Report and Recommendation have been filed. The Report and Recomm endation 30 is adopted and approved. Accordingly, Plaintiff's Motion 23 is GRANTED, the Commissioner's final decision is VACATED, and this matter is REMANDED to the Social Security Administration for proceedings consistent with the Re port and Recommendation. This Order shall constitute the final judgment in this case under Fed. R. Civ. P. 58, and the Clerk is directed to close the file. Signed by District Judge Eli J. Richardson on 3/17/2022. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)

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Bajlory v. Commissioner of Social Security Administration Doc. 31 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION HAVEEN BAJLORY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ) ) ) ) ) ) ) ) ) ) NO. 3:20-cv-00096 JUDGE RICHARDSON MEMORANDUM OPINION AND ORDER Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. 30), recommending that Plaintiff’s Motion for Judgment on the Administrative Record (Doc. No. 23, “Motion”) be granted, that the Commissioner’s final decision be vacated, and that this matter be remanded to the Social Security Administration for further proceedings. No Objections to the Report and Recommendation have been filed. The failure to object to a report and recommendation releases the Court from its duty to independently review the matter. Frias v. Frias, No. 2:18-cv-00076, 2019 WL 549506, at *2 (M.D. Tenn. Feb. 12, 2019); Hart v. Bee Property Mgmt., No. 18-cv-11851, 2019 WL 1242372, at * 1 (E.D. Mich. March 18, 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The district court is not required to review, under a de novo or any other standard, those aspects of the report and recommendation to which no objection is made. Ashraf v. Adventist Health System/Sunbelt, Inc., 322 F. Supp. 3d 879, 881 (W.D. Tenn. 2018); Benson v. Walden Security, No. 3:18-cv-0010, 2018 WL 6322332, at *3 (M.D. Tenn. Dec. 4, 2018). The district court should adopt the magistrate judge’s findings and rulings to which no specific objection is filed. Id. Dockets.Justia.com Nonetheless, the Court has reviewed the Report and Recommendation and the file. The Report and Recommendation is adopted and approved. Accordingly, Plaintiff’s Motion is GRANTED, the Commissioner’s final decision is VACATED, and this matter is REMANDED to the Social Security Administration for proceedings consistent with the Report and Recommendation. This Order shall constitute the final judgment in this case under Fed. R. Civ. P. 58, and the Clerk is directed to close the file. IT IS SO ORDERED. ________________________________ ELI RICHARDSON UNITED STATES DISTRICT JUDGE

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