Stringer 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 Defendants Motion for judgment on the pleadings (Dkt. No. 13) is DENIED; and it is further ORDERED, that Plaintiffs Motion for judgment on the pleadings (Dkt. No. 12) is GRANTED; and it is further ORDERED, that this case is REMANDED for further administrative proceedings consistent with the Report-Recommendation (Dkt. No. 16). Signed by Senior Judge Lawrence E. Kahn on May 30, 2012. (sas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
EDITH STRINGER,
Plaintiff,
-against-

6:10-CV-00575 (LEK/VEB)

MICHAEL J. ASTRUE, Commissioner
of Social Security,
Defendant.

ORDER
This matter comes before the Court following a Report-Recommendation filed on April 25,
2012 by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C.
§ 636(b) and Northern District of New York Local Rule 72.3(d). Dkt. No. 16 (“ReportRecommendation”).
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); N.D.N.Y. 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) (citations omitted).
Here, no objections have been raised in the allotted time with respect to Magistrate Judge
Bianchini’s Report-Recommendation. After examining 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 Defendant’s Motion for judgment on the pleadings (Dkt. No. 13) is
DENIED; and it is further
ORDERED, that Plaintiff’s Motion for judgment on the pleadings (Dkt. No. 12) is
GRANTED; and it is further
ORDERED, that this case is REMANDED for further administrative proceedings
consistent with the Report-Recommendation (Dkt. No. 16); and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.

DATED:

May 30, 2012
Albany, New York

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