Stalling v. Astrue

Filing 22

-CLERK TO FOLLOW UP-ORDER denying 7 Motion for Judgment on the Pleadings; denying 9 Motion for Judgment on the Pleadings; adopting Report and Recommendation re 17 . The decision of the Commissioner is vacated and the matter is remanded for further proceedings. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 7/12/2013. (JMB)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK WILLIE JOE STALLING, Plaintiff, v. ORDER 11-CV-779 CAROLYN W. COLVIN, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. This case was referred to Magistrate Judge Hugh B. Scott pursuant to 28 U.S.C. § 636(b)(1). Both parties filed motions for judgment on the pleadings. On May 14, 2013, Magistrate Judge Scott filed a Report and Recommendation, recommending that the decision of the Commissioner be vacated and the matter remanded for further proceedings. Defendant filed objections to the Report and Recommendation on May 28, 2013, plaintiff filed a response thereto on June 19, 2013 and defendant filed a reply thereto. Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions, the Court adopts the proposed findings of the Report and Recommendation. Accordingly, for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, the decision of the Commissioner is vacated and the matter remanded for further administrative proceedings. 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: July 12, 2013 2

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