King v. Colvin

Filing 17

-CLERK TO FOLLOW UP-DECISION AND ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 16 . Defendant's motion for judgment on the pleadings 14 is denied, and plaintiff's motion for similar relief in his favor [ 7] is granted. The decision of the Commissioner is reversed and the matter is remanded for further administrative proceedings. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 6/16/16. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JOHN PAUL KING,
Plaintiff,
DECISION AND ORDER
15-CV-366A

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

Defendant.

The above-referenced case was referred to Magistrate Judge Hugh B.
Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On May 3, 2016, Magistrate Judge Scott
filed a Report and Recommendation (Dkt. No. 16), recommending that the decision of
the Commissioner be reversed, and that this matter be remanded for further
administrative proceedings. Magistrate Judge Scott further recommended that
defendant’s motion for judgment on the pleadings (Dkt. No. 14) should be denied, and
that plaintiff’s motion for similar relief in his favor (Dkt. No. 7) should be granted.
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 Scott’s Report and Recommendation, the decision of the
Commissioner is reversed, and this matter is remanded for further administrative
proceedings. It is further ORDERED that defendant’s motion for judgment on the

pleadings is denied, and plaintiff’s motion for similar relief in his favor is granted.
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: June 16, 2016