Blair, Jr. v. Colvin, No. 1:2015cv00307 - Document 20 (W.D.N.Y. 2017)

Court Description: DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation. Plaintiff's motion for judgment on the pleadings 12 is granted, and the Acting Commissioner's motion for similar relief 17 is denied. This case is remanded to the Acting Commissioner for further proceedings consistent with Magistrate Judge McCarthy's Report and Recommendation. The Clerk of the Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 6/26/17. (LAS)-CLERK TO FOLLOW UP-
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Blair, Jr. v. Colvin Doc. 20 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK RONALD BLAIR, JR., Plaintiff, DECISION AND ORDER 15-CV-307A v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On May 16, 2017, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 19), recommending that plaintiff’s motion for judgment on the pleadings (Dkt. No. 12) be granted, and that 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. 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: June 26, 2017