Duggan v. Colvin

Filing 19

-CLERK TO FOLLOW UP-ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 18 as filed on March 24, 2014. The decision of the Commissioner is reversed and the matter is remanded for further administrative proceedings. Furth er, defendant Commissioner's motion for judgment on the pleadings 14 is denied, and plaintiff's motion for similar relief 15 in his favor is granted. The Clerk of Court shall close the case. Signed by Hon. Richard J. Arcara on 4/15/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

DARIUS MICHAEL DUGGAN,
Plaintiff,
ORDER
13-CV-424A

v.
CAROLYN W. COLVIN, Acting
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 March 24, 2014, Magistrate Judge
Scott filed a Report and Recommendation, recommending that the decision of the
Commissioner be reversed and this matter be remanded for further administrative
proceedings. Magistrate Judge Scott further recommends that defendant’s motion for
judgment on the pleadings (Dkt. 14) should be denied and plaintiff’s motion for similar
relief in his favor (Dkt. 15) should 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 is remanded for further administrative
proceedings. Further, defendant Commissioner’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.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT

Dated: April 15, 2014