Isaacs v. Astrue

Filing 20

ORDER denying 11 Motion for Judgment on the Pleadings; granting 13 Motion for Judgment on the Pleadings; adopting Report and Recommendation re 15 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 3/2/2009. (JMB)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK

C O R Y ISAACS, Plaintiff, v. ORDER 07-CV-257

MICHAEL J. ASTRUE, Commissioner of Social Security, D e fe n d a n t.

T h is case was referred to Magistrate Judge Jeremiah J. McCarthy, p u rs u a n t to 28 U.S.C. § 636(b)(1). On January 3, 2008, defendant filed filed a m o tio n for judgment on the pleadings and on February 19, 2008, plaintiff filed a c ro s s -m o tio n for judgment on the pleadings. On December 15, 2008, Magistrate J u d g e McCarthy filed a Report and Recommendation, recommending that d e fe n d a n t's motion for judgment on the pleadings is denied and plaintiff's crossm o tio n is granted. D e fe n d a n t filed objections to the Report and Recommendation on January 9 , 2009, and plaintiff filed a response thereto. Oral argument on the objections w a s held on February 26, 2009. Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo d e te r m in a tio n of those portions of the Report and Recommendation to which o b je c tio n s have been made. Upon a de novo review of the Report and

R e c o m m e n d a tio n , and after reviewing the submissions and hearing argument fro m the parties, the Court adopts the proposed findings of the Report and R e c o m m e n d a tio n . At oral argument, plaintiff requested that, upon a decision to a d o p t the Report and Recommendation, this Court specifically direct defendant to re -a s s e s s plaintiff's credibility. The Court declines to do so. Accordingly, for the reasons set forth in Magistrate Judge McCarthy's R e p o rt and Recommendation, defendant's motion for judgment on the pleadings is denied and plaintiff's cross-motion for judgment on the pleadings is granted. The Clerk of Court shall take all steps necessary to close this case.

SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: March 2 , 2009

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