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)

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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

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