Mendez Rivera v. Commissioner of Social Security

Filing 14

DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 13 . The Acting Commissioner's motion for judgment on the pleadings 11 is granted, and the plaintiff's motion for similar relief in his favor 7 is 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 JORGE L. MENDEZ RIVERA, Plaintiff, DECISION AND ORDER 15-CV-166A v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On December 30, 2016, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 13), recommending that the Acting Commissioner’s motion for judgment on the pleadings (Dkt. No. 11) be granted, and that plaintiff’s motion for similar relief in his favor (Dkt. No. 7) 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, the Acting Commissioner’s motion for judgment on the pleadings is granted, and the plaintiff’s motion for similar relief in his favor 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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