Sanchez v. Astrue

Filing 15

-CLERK TO FOLLOW UP-ORDER denying 5 defendant's Motion for Judgment on the Pleadings; granting 7 plaintiff's Motion for Judgment on the Pleadings; adopting Report and Recommendations re 14 , remanding for further administrative proceedings. Clerk of court to close case. Signed by Hon. Richard J. Arcara on 3/8/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

MICHAEL R. SANCHEZ,
Plaintiff,
ORDER
12-CV-258

v.

MICHAEL A. ASTRUE, Commissioner of
Social Security,
Defendant.

The above-referenced case was referred to Magistrate Judge Hugh B.

Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On February 14, 2013, Magistrate Judge
Scott filed a Report and Recommendation, recommending that the decision of the
Commissioner be reversed, and the matter remanded for further administrative
proceedings. The Magistrate Judge also recommended that defendant’s motion for
judgment on the pleadings be denied and plaintiff’s motion for similar relief in his favor
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, and no
objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons
set forth in Magistrate Judge Scott’s Report and Recommendation, the decision of the
Commissioner is reversed, and the matter remanded for further administrative
proceedings. Further, the defendant’s motion for judgment on the pleadings is denied
and plaintiff’s motion for similar relief in his favor 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: March 8, 2013