Bundy v. Astrue

Filing 16

ORDER granting 8 defendant's Motion for Judgment on the Pleadings; denying plaintiff's motion for judgment on the pleadings and adopting Report and Recommendation re 13 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 11/19/2010. (JMB)

Bundy v. Astrue

Doc. 16

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

R O Y S. BUNDY, Plaintiff, v. ORDER 09-CV-702

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 October 15, 2009. On March 12, 2010, defendant filed a motion for judgment on the pleadings and on May 13, 2010 plaintiff filed a m o tio n for judgment on the pleadings. On September 8, 2010, Magistrate Judge F o s c h io filed a Report and Recommendation, recommending that defendant's m o tio n should be granted and that plaintiff's motion should be denied. P la in tiff filed objections to the Report and Recommendation on September 2 1 , 2010 and the government 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.

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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 g ra n te d and plaintiff's motion for judgment on the pleadings is denied. The Clerk o f 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: November 19, 2010

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