RUFFINO v. COLVIN, 13-CV-800. (2015)
Court: District Court, W.D. New York
Number: infdco20151231974
Visitors: 3
Filed: Dec. 30, 2015
Latest Update: Dec. 30, 2015
Summary: ORDER LAWRENCE J. VILARDO , District Judge . On November 27, 2013, United States District Judge Richard J. Arcara referred this case to Magistrate Judge Jeremiah J. McCarthy pursuant to 28 U.S.C. 636(b)(1)(B). On October 30, 2015, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that the defendant's motion for judgment on the pleadings be denied and that the plaintiff's motion for judgment on the pleadings be granted to the extent that the case be remanded to the
Summary: ORDER LAWRENCE J. VILARDO , District Judge . On November 27, 2013, United States District Judge Richard J. Arcara referred this case to Magistrate Judge Jeremiah J. McCarthy pursuant to 28 U.S.C. 636(b)(1)(B). On October 30, 2015, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that the defendant's motion for judgment on the pleadings be denied and that the plaintiff's motion for judgment on the pleadings be granted to the extent that the case be remanded to the A..
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ORDER
LAWRENCE J. VILARDO, District Judge.
On November 27, 2013, United States District Judge Richard J. Arcara referred this case to Magistrate Judge Jeremiah J. McCarthy pursuant to 28 U.S.C. § 636(b)(1)(B). On October 30, 2015, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that the defendant's motion for judgment on the pleadings be denied and that the plaintiff's motion for judgment on the pleadings be granted to the extent that the case be remanded to the Acting Commissioner for further proceedings. The case then was transferred to the undersigned on November 23, 2015.
This Court has carefully reviewed the Report and Recommendation (Docket Item 12), the record in this case, and the pleadings and materials submitted by the parties. No objections have been timely filed. Therefore, it is hereby
ORDERED that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons explained in Magistrate Judge McCarthy's careful and detailed Report and Recommendation, the defendant's motion for judgment on the pleadings is denied, the plaintiff's motion for judgment on the pleadings is granted to the extent of remanding the case to the Acting Commissioner for further proceedings, and the case is remanded to the Acting Commissioner for further proceedings consistent with Magistrate Judge McCarthy's Report and Recommendation.
The Clerk of Court shall take all steps necessary to close the case.
IT IS SO ORDERED.
Source: Leagle
