Sweeney v. Colvin
Filing
32
DECISION AND ORDER adopting 30 Report and Recommendations; granting 18 Motion for Judgment on the Pleadings; denying 24 Motion for Judgment on the Pleadings. Signed by Hon. Michael A. Telesca on 10/06/2017. (CDH)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
LORETTA ANN SWEENEY,
Plaintiff,
-vs-
No. 1:16-CV-00336 (MAT)
DECISION AND ORDER
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
Represented
by
counsel,
Loretta
Ann
Sweeney(“plaintiff”)
brings this action pursuant to Title II of the Social Security Act
(“the
Act”),
seeking
review
of
the
final
decision
of
the
Commissioner of Social Security (“the Commissioner”) denying her
application for disability insurance benefits (“DIB”).
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 Hugh B. Scott for consideration of the factual and
legal issues presented, and to prepare and file a Report and
Recommendation (“R&R”) containing a recommended disposition of the
issues raised.
By R&R dated August 16, 2017, Judge Scott recommended that the
case be remanded for further administrative proceedings, for the
reasons described therein.
notified
that
they
were
Docket No. 30.
given
14
days
Both parties were
within
which
to
objections; however, neither party has filed an objection.
file
Within fourteen days after a party has been served with a copy
of a magistrate judge’s report and recommendation, the party “may
serve
and
file
specific,
written
objections
to
the
proposed
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.
CONCLUSION
Accordingly, the R&R (Docket No. 30) is approved and adopted
in its entirety.
The Commissioner’s motion for judgment on the
pleadings (Docket No. 24) is denied, and plaintiff’s motion for
judgment on the pleadings (Docket No. 18) 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
Dated:
October 6, 2017
Rochester, New York.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?