Schafer v. Colvin, No. 1:2015cv00207 - Document 19 (W.D.N.Y. 2017)
Court Description: DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 18 . Plaintiff's motion for judgment on the pleadings 7 is granted and the Acting Commissioner's motion for similar relief 14 is denied . The matter is remanded to the Acting Commissioner for further proceedings. The Clerk of the Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 4/5/17. (LAS)-CLERK TO FOLLOW UP-
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Schafer v. Colvin Doc. 19 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK STEVEN A. SCHAFER, II, Plaintiff, DECISION AND ORDER 15-CV-207A 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 March 17, 2017, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 18), recommending that plaintiff’s motion for judgment on the pleadings (Dkt. No. 7) be granted, and that this case be remanded to the Acting Commissioner for further proceedings. Magistrate Judge McCarthy further recommended that the Acting Commissioner’s motion for judgment on the pleadings (Dkt. No. 14) 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 this case is remanded to the Acting Commissioner for further proceedings. IT IS FURTHER ORDERED that the Acting Commissioner’s motion for judgment on the pleadings is denied. Dockets.Justia.com 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: April 5, 2017
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