Fortier v. Colvin

Filing 13

DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 12 . This matter is remanded to the Acting Commissioner for further administrative proceedings, and the Acting Commissioner's motion for judgment on the pleadings is denied. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 1/21/17. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

KELLI LYNN FORTIER,
Plaintiff,
DECISION AND ORDER
14-CV-1026A

v.
CAROLYN 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 October 12, 2016, Magistrate
Judge McCarthy filed a Report and Recommendation (Dkt. No. 12), recommending that
this matter be remanded to the Acting Commissioner for further administrative
proceedings. Judge McCarthy further recommends that the Acting Commissioner’s
motion for judgment on the pleadings (Dkt. No. 10) be denied.
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, this matter is
remanded to the Acting Commissioner for further administrative proceedings, and the
Acting Commissioner’s motion for judgment on the pleadings is denied.
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: January 21, 2017