Dowling v. Astrue

Filing 17

ORDERED, that the Report-Recommendation (Dkt. No. 16) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiff is GRANTED judgment on the pleadings; and it is further ORDERED, that Defendant is DENIED judgment on the pleadings; and it is further ORDERED, that this case is REMANDED for calculation of benefits. Signed by Senior Judge Lawrence E. Kahn on December 20, 2013. (sas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
REBECCA DOWLING,
Plaintiff,
-against-

5:12-CV-1181 (LEK/VEB)

CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.
___________________________________
ORDER
This matter comes before the Court following a Report-Recommendation filed on October
17, 2013, by the Honorable Victor E. Bianchini, U.S. Magistrate Judge, pursuant to 28 U.S.C.
§ 636(b) and Local Rule 72.3. Dkt. No. 16 (“Report-Recommendation”).
Within fourteen days after a party has been served with a copy of a magistrate judge’s reportrecommendation, the party “may serve and file specific, written objections to the proposed findings
and recommendations.” FED. R. CIV. P. 72(b); L.R. 72.1(c). “If no objections are filed . . .
reviewing courts should review a report and recommendation for clear error.” Edwards v. Fischer,
414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006); see also Cephas v. Nash, 328 F.3d 98, 107 (2d Cir.
2003) (“As a rule, a party’s failure to object to any purported error or omission in a magistrate
judge’s report waives further judicial review of the point.”); Farid v. Bouey, 554 F. Supp. 2d 301,
306 (N.D.N.Y. 2008).
No objections to the Report-Recommendation were filed in the allotted time period. After a
thorough review of the Report-Recommendation and the record, the Court has determined that the
Report-Recommendation is not subject to attack for clear error or manifest injustice.

Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 16) is APPROVED and
ADOPTED in its entirety; and it is further
ORDERED, that Plaintiff is GRANTED judgment on the pleadings; and it is further
ORDERED, that Defendant is DENIED judgment on the pleadings; and it is further
ORDERED, that this case is REMANDED for calculation of benefits; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order upon the parties to this
action.
IT IS SO ORDERED.

DATED:

December 20, 2013
Albany, New York

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