Irizarry Valencia v. Colvin
DECISION AND ORDER adopting 14 Report and Recommendations, granting 9 Motion for Judgment on the Pleadings, and denying 12 Motion for Judgment on the Pleadings. Signed by Hon. Michael A. Telesca on 10/12/2017. (CDH)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
IVONNE IRIZARRY VALENCIA,
No. 1:15-CV-00965 (MAT)
DECISION AND ORDER
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Represented by counsel, Ivonne Irizarry Valencia(“plaintiff”)
brings this action pursuant to Title II of the Social Security Act,
seeking review of the final decision of the Commissioner of Social
disability insurance benefits.
The Court has jurisdiction over
this matter pursuant to 42 U.S.C. § 405(g). The matter is before
the Court on the parties’ cross motions for judgment on the
pleadings. The parties’ motions were referred to Magistrate Judge
Jeremiah J. McCarthy for consideration of the factual and legal
Recommendation (“R&R”) containing a recommended disposition of the
By R&R dated September 14, 2017, Judge McCarthy recommended
that the case be remanded for further administrative proceedings,
for the reasons described therein.
Docket No. 14.
were notified that they were given 14 days within which to file
objections; however, neither party has filed an objection.
Within fourteen days after a party has been served with a copy
of a magistrate judge’s report and recommendation, the party “may
findings and recommendations.” Fed. R. Civ. P. 72(b). “Where no
objection is made to a report and recommendation, or the parties
make frivolous, conclusive, or general objections, only ‘clear
error’ review is required by the district court.”
Teixeria v. St.
Jude Med. S.C., Inc., 193 F. Supp. 3d 218, 222 (W.D.N.Y. 2016).
“After conducting the appropriate review, the district judge may
‘accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.’”
Id. (quoting 28
U.S.C. § 636(b)). No objections having been filed, the Court has
reviewed the R&R for clear error and finds none.
Accordingly, the R&R (Docket No. 14) is approved and adopted
in its entirety.
The Commissioner’s motion for judgment on the
pleadings (Docket No. 12) is denied, and plaintiff’s motion for
judgment on the pleadings (Docket No. 9) is granted to the extent
that the case is remanded for further administrative proceedings.
The Clerk of the Court is directed to close this case.
ALL OF THE ABOVE IS SO ORDERED.
S/Michael A. Telesca
HON. MICHAEL A. TELESCA
United States District Judge
October 12, 2017
Rochester, New York.
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