Dunker v. Astrue

Full title: KATHY J. DUNKER, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER SOCIAL…

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

Date published: Jan 24, 2014

11-CV-321A (W.D.N.Y. Jan. 24, 2014)

Opinion

11-CV-321A

01-24-2014

KATHY J. DUNKER, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant.

HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE

ORDER

The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On January 6, 2014, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that defendant's motion for judgment on the pleadings be denied and the case be remanded to the Commissioner for further proceedings.

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, defendant's motion for judgment on the pleadings is denied and the case is remanded to the Commissioner for further proceedings.

The Clerk of Court shall take all steps necessary to close the case.

SO ORDERED.

/s/_________

HONORABLE RICHARD J. ARCARA

UNITED STATES DISTRICT JUDGE DATED: January 24, 2014