Glover v. Barnhart

Filing 14

DECISION AND ORDER adopting Report and Recommendations re 13 Report and Recommendations. Signed by Senior Judge Lawrence E. Kahn on 1/5/09. (tab)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JAMES O. GLOVER, Plaintiff, -vJOANNE B. BARNHART, Commissioner of Social Security, Defendant. 5:06-CV-195 (LEK/DEP)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on December 1, 2008, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. Report-Rec. (Dkt. No. 13). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to the ReportRecommendation filed by Judge Peebles. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 13) is APPROVED and ADOPTED in its ENTIRETY; and it is further

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ORDERED, that Plaintiff's Motion for judgment on the pleadings is GRANTED; and it is further ORDERED, that the Commissioner's determination of no disability is VACATED, and this matter is REMANDED to the agency for further consideration; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED.

DATED:

January 05, 2009 Albany, New York

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