Masker v. Colvin

Filing 17

DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 16 . Plaintiff's motion for judgment on the pleadings 9 is granted to the extent that this matter is remanded to the Acting Commissioner for f urther proceedings consistent with the Report and Recommendation. The Acting Commissioner's motion for judgment on the pleadings 14 be denied. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 2/2/17. (LAS)-CLERK TO FOLLOW UP-

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK TRACY LEIGH MASKER, Plaintiff, DECISION AND ORDER 15-CV-159A 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 January 3, 2017, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 16), recommending that plaintiff’s motion for judgment on the pleadings (Dkt. No. 9) be granted to the extent that this matter should be remanded to the Acting Commissioner for further proceedings. Magistrate Judge McCarthy further recommended that the Acting Commissioner’s motion for judgment on the pleadings (Dkt. No. 14) 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 proceedings consistent with the Report and Recommendation, 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: February 2, 2017

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