Coleman v. Colvin

Filing 25

DECISION and ORDER: ORDERED that Magistrate Judge Carter's 24 Report and Recommendation is ACCEPTED and ADOPTED in its entirety; ORDERED that Plaintiff's 14 motion for judgment on the pleadings is GRANTED; ORDERED that the Commissione r's determination is VACATED; ORDERED that the matter is REMANDED to the Commissioner of Social Security for further proceedings consistent with the specific instructions outlined in the Report and Recommendation.Signed by Chief Judge Glenn T. Suddaby on 1/8/2015. (mgh)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_____________________________________
BILLY JOE COLEMAN,
Plaintiff,
v.

5:14-CV-1139
(GTS/WBC)

CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.
_____________________________________
APPEARANCES:

OF COUNSEL:

OLINSKY LAW GROUP
Counsel for Plaintiff
One Park Place
300 South State Street, Suite 420
Syracuse, NY 13202

HOWARD D. OLINSKY, ESQ.

U.S. SOCIAL SECURITY ADMIN.
OFFICE OF REG’L GEN. COUNSEL – REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, NY 10278

JOSHUA L. KERSHNER, ESQ.

GLENN T. SUDDABY, Chief United States District Judge
DECISION and ORDER
Currently before the Court, in this Social Security action filed by Billy Joe Coleman
(“Plaintiff”) against the Commissioner of Social Security (“Defendant” or “the Commissioner”)
pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), is the Report and Recommendation of United
States Magistrate Judge William B. Mitchell Carter, filed December 11, 2015, recommending
that Plaintiff’s motion seeking remand be granted, and that Defendant’s motion for judgment on
the pleadings be denied. (Dkt. No. 24.) Objections to the Report and Recommendation have not
been filed, and the time in which to do so has expired. (See generally, Docket Sheet.)

A district court reviewing a magistrate judge’s Report and Recommendation “may
accept, reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate judge.” 28 U.S.C. § 636(b)(1)(C). Parties may raise objections to the magistrate
judge’s Report and Recommendation, but they must be “specific written objections,” and must
be submitted “[w]ithin 14 days after being served with a copy of the recommended disposition.”
Fed. R. Civ. P. 72(b)(2); accord, 28 U.S.C. § 636(b)(1)(C). When no objection is made to a
report and recommendation, the Court subjects that report and recommendation to only a clear
error review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When
performing such a “clear error” review, “the court need only satisfy itself that there is no clear
error on the face of the record in order to accept the recommendation.” Id.; see also Batista v.
Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) (“I am
permitted to adopt those sections of [a magistrate judge’s] report to which no specific objection
is made, so long as those sections are not facially erroneous.”) (internal quotation marks and
citations omitted).
After carefully reviewing the relevant papers herein, including Magistrate Judge Carter’s
thorough Report and Recommendation, the Court can find no clear error in the Report and
Recommendation. Magistrate Judge Carter employed the proper standards, accurately recited
the facts, and reasonably applied the law to those facts. (Dkt. No. 24.) As a result, the Report
and Recommendation is accepted and adopted in its entirety.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Carter’s Report and Recommendation (Dkt. No. 24) is
ACCEPTED and ADOPTED in its entirety; and it is further

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ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 14) is
GRANTED; and it is further
ORDERED that the Commissioner’s determination is VACATED; and it is further
ORDERED that the matter is REMANDED to the Commissioner of Social Security for
further proceedings consistent with the specific instructions outlined in the Report and
Recommendation.
Dated: January 8, 2016
Syracuse, New York
____________________________________
Hon. Glenn T. Suddaby
Chief U.S. District Judge

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