Kromphardt v. Colvin

Filing 10

DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 9 . 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 8 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-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

AMANDA L. KROMPHARDT,
Plaintiff,
DECISION AND ORDER
15-CV-356A

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. 9), recommending that
plaintiff’s motion for judgment on the pleadings (Dkt. No. 5) 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. 8) 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