Tompkins v. Colvin

Filing 26

-CLERK TO FOLLOW UP-ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 14 Motion for Judgment on the Pleadings; granting 20 Motion for Judgment on the Pleadings; adopting Report and Recommendations 25 . The Clerk of Court shall take the necessary steps to close this case. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on February 29, 2016. (APG)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
________________________________________
MARK E. TOMPKINS,
Plaintiff,
ORDER
v.

CAROLYN W. COLVIN, Acting
Commissioner of the
Social Security Administration,

13-CV-911

Defendant.
________________________________________

On March 24, 2014, United States District Judge Richard J. Arcara referred this
case to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). See
Docket Item 12. The case was transferred from Judge Arcara to the undersigned on
November 23, 2015. See Docket Item 24.
On December 23, 2015, Magistrate Judge Scott filed a Report and
Recommendation, which recommended that the defendant’s motion for judgment on the
pleadings (Docket Item 20) be granted and the plaintiff’s motion for judgment on the
pleadings (Docket Item 14) be denied. See Docket Item 25 at 15.
This Court has carefully reviewed the Report and Recommendation, the record in
this case, and the pleadings and materials submitted by the parties. No objections have
been timely filed. Therefore, it is hereby
ORDERED that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons explained
in Magistrate Judge Scott’s careful and detailed Report and Recommendation, the

defendant’s motion for judgment on the pleadings is granted, the plaintiff’s motion for
judgment on the pleadings is denied, and the complaint is dismissed.
The Clerk of Court shall take all steps necessary to close the case.

IT IS SO ORDERED.
Dated: February 29, 2016
Buffalo, New York
s/ Lawrence J. Vilardo
LAWRENCE J. VILARDO
UNITED STATES DISTRICT JUDGE

2