Stalling v. Astrue
-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)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
WILLIE JOE STALLING,
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF THE
SOCIAL SECURITY ADMINISTRATION,
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
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.
s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: July 12, 2013
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