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)

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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

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