Mathews v. Colvin

Filing 20

DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 19 . Plaintiff's motion for judgment on the pleadings 10 is granted, and the Acting Commissioner's motion for similar relief 17 is denied. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 7/20/17. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

PAULA ELAINE MATHEWS,
Plaintiff,
DECISION AND ORDER
15-CV-608A

v.
NANCY A. BERRYHILL, 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 June 27, 2017, Magistrate Judge
McCarthy filed a Report and Recommendation (Dkt. No. 19), recommending that
plaintiff’s motion for judgment on the pleadings (Dkt. No. 10) be granted, and the Acting
Commissioner’s motion for similar relief (Dkt. No. 17) 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, plaintiff’s
motion for judgment on the pleadings is granted, and the Acting Commissioner’s motion
for similar relief is denied. This case shall be remanded to the Acting Commissioner for
further proceedings consistent with Magistrate Judge McCarthy’s Report and
Recommendation.
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: July 20, 2017