Grey v. Colvin

Filing 15

ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 14 as filed on January 27, 2015. The decision of the Commissioner is reversed and the matter is remanded for further administrative proceedings. 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 close the case. -CLERK TO FOLLOW UP- SO ORDERED. Signed by Hon. Richard J. Arcara on 3/10/15. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

WILLIAM D. GREY,
Plaintiff,
ORDER
14-CV-354A

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 January 27, 2015, 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. The Magistrate Judge further recommended that defendant
Commissioner’s motion for judgment on the pleadings (Dkt. No. 11) be denied and
plaintiff’s motion for similar relief in his favor (Dkt. NO. 8) 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 judgement 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.

IT IS SO ORDERED.
____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT

Dated: March 10, 2015