Feringa v. Commissioner of Social Security
Filing
15
ORDERED, that the Report-Recommendation (Dkt. No. 14) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that the decision of the Commissioner is VACATED and REMANDED for further proceedings consistent with the Report-Recommendation, pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Senior Judge Lawrence E. Kahn on September 28, 2016. (sas)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JASON LEE FERINGA,
Plaintiff,
-against-
5:15-CV-785 (LEK/CFH)
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This matter comes before the Court following a Report-Recommendation filed on
September 9, 2016, by the Honorable Christian F. Hummel, U.S. Magistrate Judge, pursuant to
28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 14 (“Report-Recommendation”).
Within fourteen days 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); L.R. 72.1(c). If no objections are made, or
if an objection is general, conclusory, perfunctory, or a mere reiteration of an argument made to
the magistrate judge, a district court need review that aspect of a report-recommendation only for
clear error. Barnes v. Prack, No. 11-CV-0857, 2013 WL 1121353, at *1 (N.D.N.Y. Mar. 18,
2013); Farid v. Bouey, 554 F. Supp. 2d 301, 306–07 & 306 n.2 (N.D.N.Y. 2008); see also
Machicote v. Ercole, No. 06-CV-13320, 2011 WL 3809920, at *2 (S.D.N.Y. Aug. 25, 2011)
(“[E]ven a pro se party’s objections to a Report and Recommendation must be specific and
clearly aimed at particular findings in the magistrate’s proposal, such that no party be allowed a
second bite at the apple by simply relitigating a prior argument.”). “A [district] judge . . . 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).
No objections were filed in the allotted time period. See Docket. Accordingly, the Court
has reviewed the Report-Recommendation for clear error and has found none.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 14) is APPROVED and
ADOPTED in its entirety; and it is further
ORDERED, that the decision of the Commissioner is VACATED and REMANDED
for further proceedings consistent with the Report-Recommendation, pursuant to sentence four of
42 U.S.C. § 405(g); and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order on all parties in
accordance with the Local Rules.
IT IS SO ORDERED.
DATED:
September 28, 2016
Albany, New York
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?