McKinzie v. Astrue

Filing 18

ORDER granting 8 government's Motion for Judgment on the Pleadings; denying 12 plaintiff's 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 1/20/2010. (JMB)

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

F R E D E R IC K MCKINZIE, Plaintiff, v. ORDER 07-CV-733

MICHAEL J. ASTRUE C o m m is s io n e r of Social Security, D e fe n d a n t.

T h is case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., p u rs u a n t to 28 U.S.C. § 636(b)(1). On May 9, 2008, defendant filed a motion for ju d g m e n t on the pleadings and on June 20, 2008, plaintiff filed a motion for ju d g m e n t on the pleadings. On November 2, 2009, Magistrate Judge Schroeder file d a Report and Recommendation, recommending that defendant's motion be g ra n te d and that plaintiff's motion be denied. P la in tiff filed objections to the Report and Recommendation on November 1 6 , 2009 and defendant filed a response thereto. Oral argument on the o b je c tio n s was held on January 15, 2010. P u rs u a n t to 28 U.S.C. § 636(b)(1), this Court must make a de novo d e te rm 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

from the parties, the Court adopts the proposed findings of the Report and R e c o m m e n d a tio n . Accordingly, for the reasons set forth in Magistrate Judge Schroeder's R e p o rt and Recommendation, defendant's motion for judgment on the pleadings is granted and plaintiff's motion is denied. T h e Clerk of Court shall take all steps necessary to close the case. SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: January 20 , 2010

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