Glover v. Barnhart

Full title: JAMES O. GLOVER, Plaintiff, v. JOANNE B. BARNHART, Commissioner of Social…

Court: United States District Court, N.D. New York

Date published: Jan 5, 2009

5:06-CV-195 (LEK/DEP) (N.D.N.Y. Jan. 5, 2009)

Opinion

5:06-CV-195 (LEK/DEP).

January 5, 2009

DECISION AND ORDER

LAWRENCE KAHN, District Judge

This matter comes before the Court following a Report-Recommendation filed on December 1, 2008, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. Report-Rec. (Dkt. No. 13).

Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to the Report-Recommendation filed by Judge Peebles. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 13) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Plaintiff's Motion for judgment on the pleadings is GRANTED; and it is further

ORDERED, that the Commissioner's determination of no disability is VACATED, and this matter is REMANDED to the agency for further consideration; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.