Ali v. Astrue

Filing 15

ORDER granting 6 Plaintiff's Motion for Judgment on the Pleadings; denying 8 government/s Motion for Judgment on the Pleadings; adopting Report and Recommendation re 12 Clerk of Court to close case. Signed by Hon. Hugh B. Scott on 2/9/2010. (JMB)

Download PDF
UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK N O A H G. ALI, Plaintiff, v. ORDER 09-CV-166 MICHAEL J. ASTRUE, Commissioner of Social Security, D e fe n d a n t. T h is case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U .S .C . 636(b)(1). Motions for judgment on the pleadings were filed by plaintiff o n June 26, 2009 and by defendant on August 12, 2009. On November 9, 2009, M a g is tra te Judge Scott filed a Report and Recommendation, recommending that d e fe n d a n t's motion for judgment on the pleadings be denied, plaintiff's motion for ju d g m e n t on the pleadings be granted and the matter remanded to the C o m m is s io n e r for further proceedings. P la in tiff filed objections to the Report and Recommendation on November 2 4 , 2009 and defendant filed a response thereto. Oral argument on the o b je c tio n s was held on January 28, 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 Recommendation, 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 . Accordingly, for the reasons set forth in Magistrate Judge Scott's Report a n d Recommendation, plaintiff's motion for judgment on the pleadings is granted a n d defendant's motion for judgment on the pleadings is denied. The case is re m a n d e d to the Commissioner for further proceedings. The Clerk of Court shall ta k e all steps necessary to close the case. SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: February 9, 2010 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?