Hughes v. Shinseki

Filing 28

ORDER granting 18 Motion to Dismiss; adopting Report and Recommendation [21. Signed by Hon. Richard J. Arcara on 6/29/2012. (JMB)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK DEBORAH HUGHES, Plaintiff, ORDER 10-CV-835A v. ERIC K. SHINSEKI, SECRETARY, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, Defendant. The above-referenced case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1). On November 7, 2011, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant's motion for judgment on the pleadings be granted The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties as well as the objections filed by plaintiff Deborah Hughes, Dkt. No. 22, even though the plaintiff again did not appear in Court for the hearing on her objections. The plaintiff's objections are the same arguments she raised below before Magistrate Judge Schroeder. IT IS HEREBY ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Schroeder ’s Report and Recommendation, defendant's motion for judgment on the pleadings is granted. The 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: June 29, 2012

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