Hochstine v. Colvin

Filing 21

-CLERK TO FOLLOW UP- DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 20 . The Commissioner's motion for judgment on the pleadings 16 is denied, the plaintiff's cross motion for judgment on the pleadings 9 is granted to the extent it seeks a remand, and this case is remanded for further proceedings. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 10/26/16. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

CHRISTIEE A. HOCHSTINE,
Plaintiff,
DECISION AND ORDER
14-CV-982A

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

Defendant.

The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 21, 2016, Magistrate
Judge McCarthy filed a Report and Recommendation (Dkt. No. 20), recommending that
the Commissioner’s motion for judgment on the pleadings (Dkt. No. 16) be denied, that
the plaintiff’s cross-motion for judgment on the pleadings be granted (Docket No. 9) to
the extent it seeks a remand, and that the case be remanded for further proceedings.
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 McCarthy’s Report and Recommendation, the
Commissioner’s motion for judgment on the pleadings is denied, the plaintiff’s crossmotion for judgment on the pleadings is granted to the extent it seeks a remand, and
the case is remanded to the Acting Commissioner for further proceedings.

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: October 26, 2016