KEVIN NATHANIEL FOX, Magistrate Judge.
TO THE HONORABLE GEORGE B. DANIELS, UNITED STATES DISTRICT JUDGE
Tony Ocasio Jr. ("Ocasio") commenced this action against the Actip.g Commissioner of Social Security ("Commissioner"), seeking review of an administrative law judge's ("ALJ'') decision, dated January 27, 2017, finding him ineligible for disability insurance benefits ("DIB"), pursuant to Title II of the Social Security Act ("SSA"), 42 U.S.C. §§ 401-434, and Supplemental Security Income ("SSI") benefits, pursuant to Title XVI of the SSA, 42 U.S.C. §§ 1381-1385. The ALJ's decision became final on December 5, 2017, when the Appeals Council denied Ocasio's request for review. This action followed. Before the Court is the defendant's motion for judgment on the pleadings, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure.
Ocasio was treated on June 18, 2014, by his primary care physician, Dr. Vijay Alla ("Dr. Alla"), for an inner thigh cyst. The examination was otherwise unremarkable. Dr. Alla also assessed tobacco use disorder and recommended moderate aerobic exercise. Ocasio returned to Dr. Alla on June 25, 2014; the examination was unremarkable except for an improved cystic lesion in the left groin area. Based on Ocasio's report of lower-back pain, Dr. Alla referred him to a neurologist. Thereafter, Ocasio met with Physician's Assistant Anna Litvin ("PA Litvin"); Ocasio reported that he was feeling well and was able to do usual activities. Ocasio reported being in a good general state of health, his lower-back pain had resolved and he was in a good mood. In November 2015, Ocasio's lab results were within normal limits and a chest x-ray was normal; PA Litvin assessed lumbar regional spinal stenosis and continued Ocasio's prescriptions.
Ocasio consulted neurologist Dr. Ellen Edgar ("Dr. Edgar") on July 11, 2014. Ocasio reported that he worked as a truck driver and was not taking any medications for back or leg pain. The examination showed that Ocasio understood commands well, had normal memory, attention, and concentration, normal speech, and no evidence of depression or anxiety. The examination revealed diminished sensation to light touch along the lumbar spine and reduced range of motion of the lumbar spine with tenderness. Dr. Edgar assessed lumbar radiculopathy and referred Ocasio for an electromyography (EMG) and nerve conduction velocity (NCV) study that same day.
Ocasio started pain management with Dr. Naheed Ahamadi ("Dr. Ahamadi") on April 10, 2015. Dr. Ahamadi assessed a normal physical examination, except for obesity. Dr. Ahamadi noted a magnetic resonance imaging ("MRI") of the lumbar spine showed severe stenosis and attributed lower-back pain to facet arthropathy. Ocasio was scheduled for a nerve block injection. On January 11, 2016, Ocasio changed his pain management treatment facility to Interborough Interventional Pain Management, where he initiated treatment with Dr. Fenar Themistocle ("Dr. Themistocle"). Ocasio reported progressively worsening lower-back pain over the previous few months, radiating to the lower extremities, mostly on the right side. An MRI of the lumbar spine showed L5-S1 level disc herniation, spinal canal stenosis, and multilevel facet arthropathy. Dr. Themistocle assessed lumbosacral spondylosis, lumbar disc displacement, lumbosacral neuritis, myalgia and myositis, and lumbar spinal stenosis. That same day, Dr. Themistocle administered a right transforaminal epidural steroid injection, which Ocasio reported improved his pain by 60 percent. Ocasio returned on February 19, 2016. He noted a 70 percent improvement in pain after his most recent series of injections, and improved activities of daily living with no adverse side effects from medications. The examination showed antalgic gait, tenderness of the lumbar spine, painful and limited range of motion, and a positive straight leg raise test bilaterally.
On April 19, 2016, Ocasio returned for treatment with Dr. Themistocle; he was evaluated again by Dr. Themistocle on July 25, 2016, due to lower-back pain worsening over several months, after he had experienced 75 percent pain relief with injection treatment. An MRI of the lumbar spine showed disc herniation, spinal canal stenosis, and multilevel facet arthropathy. On August 22, 2016, Ocasio had a follow-up consultation with Dr. Themistocle, and reported 70 to 80 percent pain improvement with injection treatment, and pain improvement with medication. He denied fatigue, shortness of breath, and wheezing. Dr. Themistocle assessed lumbosacral spondylosis. Ocasio underwent a lumbar medial branch block on October 4, 2016, and, on November 11, 2016, reported a 60 percent improvement in pain after he received a lumbar facet injection.
Ocasio attended an orthopedic consultative examination on October 23, 2015, performed by Dr. Carol Mclean Long ("Dr. Long"), in connection with his claim for disability benefits. He reported back and neck pain, numbness and tingling of the right leg, and asthma. Regarding asthma, Ocasio reported using a nebulizer, but stated that he had never been intubated and had never required hospital treatment. He reported that his back pain was caused by a motor vehicle accident in 2009. He could walk four blocks, sit up to 15 minutes, and walk up to the third floor, where he lived. He smoked five cigarettes per day, though he stopped one week before the examination. He was learning to cook, and did some light cooking, light cleaning, and light laundry, and could go shopping, though he could not carry heavy items. He could shower, bathe, and dress himself, and went to the park with his children and socialized with friends.
During the examination, Ocasio was not in acute distress and exhibited a slow but normal gait. He had some difficulty walking on his heels and toes due to discomfort in the lower extremities, could squat 1/4 to 1/2 of full, retained normal station, and did not use an assistive device. Ocasio did not need help changing for the examination, used the examination table to assist with getting on and off the table, and could rise from a chair without difficulty. Ocasio retained intact hand and finger dexterity and full grip strength. Although he reported a chief complaint of neck pain, the examination of the cervical spine showed full range of motion, pain in the left shoulder, and no evidence of spasm, cervical pain, or trigger points. Examination of the upper extremities was also normal and unremarkable. Ocasio had decreased range of motion of the lumbar and thoracic spine without tenderness, positive right-side straight leg raise in the supine position.
Dr. Long opined that Ocasio could lift and carry up to 50 pounds frequently and lift and carry up to 100 pounds occasionally. He could sit or stand up to 10 to 15 minutes without interruption, for three hours in an eight-hour workday, and walk up to 45 minutes at one time, for two hours in a workday. Ocasio did not need a cane for ambulation. Dr. Long explained further that Ocasio was capable of using frequently his upper extremities bilaterally for reaching, handling, fingering, feeling, pushing, and pulling, and could operate foot controls occasionally. He could engage occasionally in postural activities, and tolerate occasionally interaction with heights, moving mechanical parts, motor vehicles, and vibrations, and could never tolerate interaction with humidity and wetness, pulmonary irritants, extreme cold, and extreme heat. Dr. Long opined additionally that Ocasio had no limitations in performing daily activities, such as shopping, walking one block at a reasonable pace, or using public transportation.
Ocasio attended an internal medicine consultative examination that same day with Dr. Dipti Joshi ("Dr. Joshi"). He reported two years of neck pain, lower-back pain radiating to the right lower extremity, and asthma. He could shower, bathe, and dress daily, but sometimes needed help from his aunt because he could not bend. He spent time watching television, reading, going to the park with his children, and socializing with friends. Dr. Joshi observed that Ocasio was not in acute distress and was obese. Ocasio had a normal gait and could walk on his heels, though he had difficulty walking on his toes.
Ocasio attended a core evaluation at the NY Psychotherapy Counseling Center with Counselor Isabelli Ricarte ("Ricarte") on November 6 and 20, 2015. Ocasio reported that his last job ended when he was suspended without pay in 2010. According to Ocasio, he had been told to train another employee, but he declined, indicating he was not going to get paid for training the employee. He maintained a good relationship with his children, whom he saw daily. He reported depression, irritability, anger, stress, feeling useless, loss of interest, and feeling overwhelmed. He also noted fatigue and substance abuse. Ricarte assessed that Ocasio was mildly depressed with appropriate eye contact, normal motor activity, cooperative attitude, and established rapport easily. Ocasio also retained normal speech and language function, thought process and content, and normal mood with full range affect. Ocasio's mood and affect were appropriate to content, his orientation was full, and his consciousness was alert.
On January 26, 2016, Ocasio underwent a psychiatric evaluation with Dr. Antonio Sanchez ("Dr. Sanchez") for treatment of depression. He reported two months of depression symptoms, described as difficulty sleeping at night. During the evaluation, Ocasio exhibited normal motor function, was alert, and had normal speech and full orientation. His grooming was fair to good and he was cooperative in nature. Dr. Sanchez noted that Ocasio demonstrated average attention span and average intellectual functioning. He had a mild to moderately depressed mood and was mildly anxious, with mildly constricted, but otherwise normal, affect. Ocasio also had fair to mildly impaired insight and judgment and fair impulse control. Dr. Sanchez assessed major depressive disorder, prescribed Mirtazapine/Remeron, and advised Ocasio to remain sober and to engage in psychotherapy to address his depressed mood.
An administrative hearing was held, via video, on December 20, 2016, before ALJ Sheena Barr, at which Ocasio, represented by counsel, testified. Vocational expert Christine Ditrinco ("Ditrinco") also testified at the hearing. Ocasio's counsel stated that Ocasio was 34 years old and was limited to less than sedentary activity due to severe lumbar degenerative disc disease. Counsel identified an MRI study of the plaintiff's lumbar spine dated August 4, 2014, which was intended to show a disc herniation with severe spinal canal stenosis at LS-S 1. Counsel stated that Ocasio was currently in pain management involving branch blocks and oxycodone.
Ocasio testified that he had received a GED and attended college. He stated that he had worked previously for a towing company, but had not worked at all since 2012. Ocasio testified that he had pain in his back that radiated down his right leg; he stated that he could not pick up more than five or ten pounds, but that he could walk for one block and stand for five or ten minutes. Ocasio stated that he lives with his aunt and that she cooks and cleans for him because he is unable to perform these tasks, due to the pain in his back. Ocasio stated that he does not socialize and has asthma, for which he takes Albuterol. Ocasio is five feet and five inches tall and weighs 189 pounds.
Ditrinco was asked to testify. She stated that she wanted more information about Ocasio's employment for the period 2006 to September 2012. According to Ditrinco, it appeared that Ocasio's employment consists of full-time work as a floor worker for a storage company. Ocasio responded that the company in question, J&S Recovery & Storage Company, was a towing company' and that he was engaged there as a forklift operator. His job consisted of picking up repossessed cars and taking them to a yard. Ocasio stated that as part of the job he often had to lift from 10 to 50 pounds as well as 90 pounds using a lift. Ocasio confirmed that, prior to his work as a forklift operator, he worked as a barber. Thereafter, Ditrinco identified three jobs Ocasio could perform, given his limitations: final assembler, ticket taker and order clerk.
The issue before the ALJ was whether Ocasio is disabled. Following a review of the plaintiff's submissions and the record in this case, the ALJ found that Ocasio: (1) meets the insured status requirements of the SSA through June 30, 2017; (2) has not engaged in substantial gainful activity since September 4, 2012, the alleged onset date; (3) has the following severe impairments: degenerative disc disease of the lumbar spine, radiculopathy, peripheral neuropathy, obesity, asthma and major depressive disorder; (4) does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1; (5) has the residual functional capacity to perform sedentary work as defined in 20 C.F.R. §§ 404.1567(a) and 416.967(a), with the following limitation: Ocasio must be allowed to be off task ten percent of the work day; (6) is unable to perform any past relevant work; (7) was born on December 29, 1981, and was 30 years old, which is defined as a younger individual aged 18-44, on the alleged disability onset date; and (8) has at least a high school education and is able to communicate in English. The ALJ also found that: (9) in this case, transferability of job skills is not material to the determination of disability because using the Medical Vocational Rules as a framework supports the finding that Ocasio is "not disabled," regardless of whether he has transferable job skills; (10) considering Ocasio's age, education, work experience, and residual functional capacity, jobs exist in significant numbers in the national economy that he can perform; and (11) Ocasio has not been under a disability, as defined in the SSA, from September 4, 2012, through the date of the ALJ's decision.
In finding that Ocasio does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments, the ALJ relied upon Listings oflmpairments ("Listings") numbers 1.02 ("Major dysfunction of ajoint(s)(due to any cause"); 1.04 ("Disorders of the spine . . . resulting in compromise of a nerve root . . . or the spinal cord"); 3.02 ("chronic respiratory disorders due to any cause except CF [cystic fibrosis]"); 3.03 ("Asthma [with certain conditions]"); and 12.04 ("Depressive, bipolar, and related disorders"). C.F.R. Pt. 404, Subpt. P, App.1, Pts. A1 & A2.
Concerning Listing 1.02, the ALJ found that it was not met in this case because the record does not show how the plaintiff suffers from an inability to ambulate effectively or an inability to perform fine and gross movements effectively. Concerning Listing 1.04, the ALJ found that it was not met because the record does not show any evidence of motor loss, muscle atrophy or weakness, sensory or reflex loss, or a positive straight leg-raising test. Also, internal medicine and orthopedic consultatiye examinations showed the plaintiff continued to retain some ability in performing physical activities,
The ALJ found also that the requirements of Listings 3.02 and 3.03 were not met because the record did not show any evidence of chronic asthmatic bronchitis, chronic impairment of gas exchange, or asthma attacks occurring with the frequency shown in the Listings. The ALJ noted that although no specific medical listing for obesity exists, it can complicate and aggravate existing physical and mental impairments; however, having evaluated the plaintiff's obesity pursuant to the guidelines set forth in the regulations, she found that the functional effects of the plaintiff's obesity do not combine with his other impairments to meet or equal a medical listing. Regarding Listing 12.04, the ALJ determined that the plaintiff's mental impairment did not meet or medically equal the criteria of that Listing because the criteria set forth in paragraph B of that Listing were not satisfied.
The ALJ also discussed her determination that Ocasio has the residual functional capacity to perform sedentary work as defined in 20 C.F.R. §§ 404.1567(a) and 416.967(a), with the following limitation: the plaintiff must be allowed to be off-task 10 percent of the work day. The ALJ, having considered the evidence, found that Ocasio's "medically determinable impairments could reasonably be expected to produce the above alleged symptoms; however, [his] statements concerning the intensity, persistence, and limiting effects of these symptoms are not entirely consistent with the medical evidence and other evidence in the record for the reasons explained in this decision."
According to the ALJ, the record shows that despite his symptoms, Ocasio is capable of performing some physical activities. A December 2012 MRI of Ocasio's lumbar spine showed mild posterior disc bulges from L2-3 and L4-5, causing spinal canal stenosis. The ALJ stated that evidence exists of bilateral neural foraminal narrowing. An August 2014 MRI of the lumbar spine showed L5-S1 disc herniation combined with spinal canal stenosis. A July 2014 electrodiagnostic study showed evidence of tibial motor peripheral neuropathy affecting the left lower extremities and bilateral LS-S1 radiculopathy. The ALJ stated the record also showed that Ocasio underwent physical therapy and epidural pain injections throughout 2014, 2015 and 2016, and by June 2016, Ocasio reported that the pain in his legs had decreased and by November 2016, he experienced relief from pain. Ocasio also underwent internal medicine and orthopedic consultative examinations that showed that he continued to retain some ability to perform physical activities.
Additionally, the ALJ noted, Ocasio's self-reported activities of daily living show that he is able to perform some physical activities; for example, he goes shopping, performs light cleaning, goes to the park with his children, and showers, bathes and dresses himself daily. These activities support the finding that Ocasio is capable of performing sedentary unskilled work, as described in the residual functional capacity assessment.
Regarding Ocasio's depression, the ALJ found that the record shows that Ocasio retains some ability to interact socially. For example, he lives with his aunt and did not report any difficulties in this relationship. The ALJ indicated that psychiatric treatment records show that Ocasio is capable of performing sedentary unskilled work. The ALJ found that Ocasio's statements about the intensity, persistence and limiting effects of his symptoms are not consistent with the record as a whole.
Concerning opinion evidence, the ALJ noted that the internal medicine consultative examiner stated that Ocasio is capable of less than light work. The ALJ gave significant weight to this opinion because it is consistent with the treatment records, showing that Ocasio reported that the pain in his legs improved, and the physical therapy records, stating that Ocasio was stable. The ALJ indicated that the orthopedic consultative examiner stated that Ocasio suffered from mild to moderate limitations in squatting, walking on his heels and his toes, and flexing and extending the lumbar spine. The ALJ gave partial weight to this opinion because it was consistent with the overall records showing a severe impairment to the lumbar spine and radiculopathy. However, the ALJ found that the opinion was notconsistent with the treatment records showing that Ocasio reported that the pain in his legs improved and physical therapy records stating that Ocasio was stable. Although Ocasio's physical therapist stated that he had a 68 percent disability, the ALJ gave little weight to this opinion because it was not consistent with agency standards in determining residual functional capacity.
The ALJ concluded that Ocasio's residual functional capacity assessment was supported by the opinion and findings of the internal medicine consultative examiner, the partial opinion and findings of the orthopedic consultative examiner, the psychiatric treatment records showing that Ocasio's motor activity was within normal limits, and that he had appropriate eye contact and was able to maintain focus, and Ocasio's own self-reported activities of daily living.
The ALJ also concluded that, considering Ocasio's age, education, work experience and residual functional capacity, jobs exist in significant numbers in the national economy that he can perform. Based on the testimony of the vocational expert, the ALJ concluded that Ocasio was capable of making a successful adjustment to other work and, therefore, a finding of "not disabled" was appropriate under the framework of the pertinent rule. The ALJ concluded that Ocasio has not been under a disability, as defined in the SSA, from September 4, 2012, through the date of the decision.
The defendant contends that the ALJ's determination that Ocasio is not disabled and her finding respecting Ocasio's residual functional capacity are supported by substantial evidence and that she weighed properly the opinions of Ocasio's treating physicians and considered all relevant evidence of record. According to the defendant, the ALJ relied properly on opinion evidence, considered properly the objective medical evidence, and analyzed correctly Ocasio's subjective claims. In addition, the defendant asserts, the ALJ found, properly, that Ocasio's impairments were not so limiting as to preclude the performance of a range of sedentary work, with limitations.
The defendant contends that the ALJ assessed properly the plaintiff's residual functional capacity. The defendant notes that the record demonstrates that Ocasio did not obtain treatment until two years after he alleges he became disabled. At that time, Ocasio indicated to Dr. Alla that he was capable of walking a good amount and only sought treatment for an inner thigh cyst. Ocasio also denied shortness of breath and smoked cigarettes daily despite having asthma. The defendant notes that Ocasio did not obtain focused treatment for back pain until July 2014, at which time he reported that he was working as a truck driver and was not taking any medications for back or leg pain, contrary to his claim of disability beginning in 2012. The defendant notes that the record indicates that Ocasio stopped working, not due to his impairments, but rather because he was suspended without pay.
The defendant contends that the ALJ gave significant weight, correctly, to the view of Dr. Joshi, who opined that Ocasio was capable of sedentary work. The defendant noted that the opinion of a consultative examiner may constitute substantial evidence in support of an ALJ's decision. The defendant contends that the ALJ gave only partial weight, appropriately, to the opinion of Dr. Long and also accorded little weight, appropriately, to the assessment from Ocasio's physical therapist that he had a 68 percent disability related to his back pain, since that issue is reserved to the Commissioner. The defendant also asserts that the ALJ evaluated properly Ocasio's mental impairments. Thus, according to the defendant, based on her findings, the ALJ concluded reasonably that Ocasio was capable of performing work that allows him to be off task ten percent of the workday, a finding that accommodates any impact of variable mood and complaints stemming from depression.
"After the pleadings are closed-but early enough not to delay trial-a party may move for judgment on the pleadings." Fed. R. Civ. P. 12(c). "The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." 42 U.S.C. §405(g).
"Failure to apply the correct legal standard constitutes reversible error, including, in certain circumstances, failure to adhere to the applicable regulations."
To qualify for disability benefits, an individual must be unable "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. §§ 423(d)(1)(A); 1382c(a)(3)(A). The Social Security Administration's regulations establish a five-step process for determining a disability claim.
"Although the claimant bears the general burden of proving that he is disabled under the statute, `if the claimant shows that his impairment renders him unable to perform his past work, the burden then shifts to the (Commissioner] to show there is other gainful work in the national economy which the claimant could perform.'"
Upon careful review of the record, the Court finds that the ALJ followed the five-step sequential analysis properly when making the disability determination in this case and committed no legal error. The Court also finds that the ALJ's findings are supported by substantial evidence. The ALJ's finding that Ocasio's severe impairments include degenerative disc disease of the lumbar spine, radiculopathy, peripheral neuropathy, obesity, asthma and major depressive disorder was supported by the medical records. The ALJ's finding that Ocasio's impairments, while severe, did not meet or medically equal a condition listed in the Listings is also supported by substantial evidence. Specifically, as the ALJ found, Ocasio's impairments did not meet the criteria set forth in the Listings numbers 1.02 ("Major dysfunction of ajoint(s) (due to any cause"); 1.04 ("Disorders of the spine . . . resulting in compromise of a nerve root . . . or the spinal cord"); 3.02 ("chronic respiratory disorders due to any cause except CF [cystic fibrosis]"); 3.03 ("Asthma [with certain conditions]"); and 12.04 ("Depressive, bipolar, and related disorders"), because: (1) no evidence existed that Ocasio suffers from an inability to ambulate effectively or to perform fine and gross movements effectively; (2) the record did not show any evidence of motor loss, muscle atrophy or weakness, sensory or reflex loss or a positive legraising test but showed that he continued to retain some ability to perform physical activities, for example, his gait was slow but normal; (3) the record did not show any evidence of chronic asthmatic bronchitis, chronic impairment of gas exchange, or asthma attacks occurring with the frequency shown in the Listings; and (4) his mental impairment did not meet or medically equal the criteria of that Listing.
Substantial evidence also supports the ALJ's determination concerning Ocasio's residual functional capacity. Specifically, the ALJ determined that Ocasio retained the residual functional capacity to perform a full range of sedentary work with the limitation that he be allowed to be off task ten percent of the work day. According to the ALJ, despite certain symptoms, including mild posterior disc bulges from L2-3 and L4-5 causing spinal canal stenosis and L5-Sl disc herniation combined with spinal canal stenosis, Ocasio is capable of performing some physical activities. Moreover, the record showed that he underwent physical therapy and epidural pain injections throughout 2014, 2015 and 2016, and, by November 2016 reported that he had good pain relief. In reaching her decision, the ALJ also gave significant weight to internal medicine consultative examiner Dr. Joshi who concluded that Ocasio was capable ofless than light work. The ALJ gave significant weight to this opinion because it was consistent with treatment records showing that Ocasio reported that the pain in his legs had improved and physical therapy records stating that Ocasio was stable. The ALJ gave partial weight to the findings of orthopedic consultative examiner Dr. Long because, while they were consistent with the overall records showing a severe impairment to the lumbar spine and radiculopathy, they were inconsistent with the treatment records showing Ocasio had reported that the pain in his legs had improved and physical therapy records stating that he was stable. Ocasio's self-reported activities of daily living also show that he was able to perform some physical activities such as ambulation and manipulative functions. For example, he goes shopping, performs light cleaning, goes to the park with his children, and is able to shower, bathe and dress himself daily.
Regarding Ocasio's depression, the ALJ noted that he retained some ability in social interaction and, although his psychiatric treatment records from 2015 showed that he was depressed and anxious, those records also revealed that his motor activity was within normal limits, he had appropriate eye contact and was able to maintain focus. According to the ALJ, Ocasio's statements concerning the limiting effects of his symptoms are not consistent with the record as a whole. The ALJ noted that while Ocasio's physical therapist stated that he had a 68 percent disability, the opinion was not consistent with agency standards in determining residual functional capacity and, moreover, the determination of disability is reserved to the Commissioner.
The ALJ's determination that Ocasio was capable of performing other jobs existing in significant numbers in the national economy was also supported by substantial evidence. Based on testimony from the vocational expert, the ALJ found that Ocasio could perform work in the national economy, namely, that of final assembler, ticket taker and order clerk. Thus, the Court finds that the ALJ's findings are supported by substantial evidence and that the ALJ, when making the disability determination in this case, committed no legal error.
For the reasons set forth above, I recommend that the Commissioner's decision be affirmed and the defendant's motion for judgment on the pleadings, Docket Entry No. 15, be granted.
Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections.
