Seifried v. Commissioner of Social Security
Filing
16
ORDERED, that the Report-Recommendation (Dkt. No. 15) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that the decision of the Commissioner is VACATED, and the case is REMANDED for a new hearing consistent with the Report-Recommendation (Dkt. No. 15). Signed by Senior Judge Lawrence E. Kahn on September 29, 2014. (sas)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
CRYSTAL ANN SEIFRIED,
on behalf of A.A.B.,
Plaintiff,
-against-
6:13-CV-0347 (LEK/TWD)
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
___________________________________
ORDER
This matter comes before the Court following a Report-Recommendation filed on July 30,
2014, by the Honorable Thérèse Wiley Dancks, U.S. Magistrate Judge, pursuant to 28 U.S.C.
§ 636(b) and Local Rule 72.3. Dkt. No. 15 (“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 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. Chylinski v. Bank of Am., N.A., 434 F. App’x 47, 48 (2d Cir. 2011); 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 & n.2 (N.D.N.Y. 2008); see also Machicote v. Ercole, No. 06 Civ. 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.”).
No objections to the Report-Recommendation were filed in the allotted time period. See
Docket. The Court therefore reviews the Report-Recommendation for clear error and finds none.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 15) is APPROVED and
ADOPTED in its entirety; and it is further
ORDERED, that the decision of the Commissioner is VACATED, and the case is
REMANDED for a new hearing consistent with the Report-Recommendation (Dkt. No. 15); and it
is further
ORDERED, that the Clerk of the Court serve a copy of this Order on the parties to this
action in accordance with the Local Rules.
IT IS SO ORDERED.
DATED:
September 29, 2014
Albany, New York
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