Sweeney v. Colvin
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,
No. 1:16-CV-00336 (MAT)
DECISION AND ORDER
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
brings this action pursuant to Title II of the Social Security Act
Commissioner of Social Security (“the Commissioner”) denying her
application for disability insurance benefits (“DIB”).
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
By R&R dated August 16, 2017, Judge Scott recommended that the
case be remanded for further administrative proceedings, for the
reasons described therein.
Docket No. 30.
Both parties were
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. 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
October 6, 2017
Rochester, New York.
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