Heinz v. Colvin, No. 1:2015cv00337 - Document 14 (W.D.N.Y. 2017)

Court Description: DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 13 . Plaintiff's motion for judgment on the pleadings 8 is denied, and the Acting Commissioner's motion for similar relief 11 is granted. The Clerk of the Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/24/17. (LAS)-CLERK TO FOLLOW UP-
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Heinz v. Colvin Doc. 14 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK FRANK HEINZ, Plaintiff, DECISION AND ORDER 15-CV-337A 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 May 5, 2017, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 13), recommending that plaintiff’s motion for judgment on the pleadings (Dkt. No. 8) be denied, and that the Acting Commissioner’s motion for similar relief (Dkt. No. 11) be granted. 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 denied, and the Acting Commissioner’s motion for similar relief is granted. The Clerk of Court shall take all steps necessary to close the case. Dockets.Justia.com IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: May 24, 2017