Ball v. Astrue

Filing 15

ORDER denying 7 defendant's Motion for Judgment on the Pleadings; adopting Report and Recommendation re 11 and remanding for a rehearing. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 09cv40. (JMB)

Ball v. Astrue

Doc. 15

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

L U C IN D A MARIE BALL, Plaintiff, v. ORDER 09-CV-40

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 Leslie G. Foschio, pursuant to 2 8 U.S.C. §636(b)(1), on May 8, 2009. On October 2, 2009, defendant filed a m o tio n for judgment on the pleadings. On July 28, 2010, Magistrate Judge F o s c h io filed a Report and Recommendation, recommending that defendant's m o tio n should be denied and the matter remanded for a rehearing. D e fe n d a n t filed objections to the Report and Recommendation on August 6 , 2010 and the plaintiff filed a response thereto. Pursuant 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, the Court adopts the p ro p o s e d findings of the Report and Recommendation.

Dockets.Justia.com

Accordingly, for the reasons set forth in Magistrate Judge Foschio's Report a n d Recommendation, defendant's motion for judgment on the pleadings is d e n ie d and the case is remanded to the Commissioner for a rehearing pursuant to s e n te n c e four of 42 U.S.C. § 405(g). The Clerk of Court shall take all steps n e c e s s a ry to close the case.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: December 1, 2010

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