Opinion
5:10-CV-00109 (LEK/VEB)
05-10-2012
JEFFREY M. HENRY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
ORDER
This matter comes before the Court following a Report-Recommendation filed on March 22, 2012 by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Northern District of New York Local Rule 72.3(d). Dkt. No. 16 ("Report-Recommendation").
Within fourteen days 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); N.D.N.Y. L.R. 72.1(c). "If no objections are filed . . . reviewing courts should review a report and recommendation for clear error." Edwards v. Fischer, 414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006) (citations omitted).
Here, no objections have been raised in the allotted time with respect to Magistrate Judge Bianchini's Report-Recommendation. After examining the record, the Court has determined that the Report-Recommendation is not subject to attack for clear error or manifest injustice.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 16) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendant's Motion for judgment on the pleadings (Dkt. No. 13) is DENIED; and it is further
ORDERED, that Plaintiff's Motion for judgment on the pleadings (Dkt. No. 10) is GRANTED; and it is further
ORDERED, that this case is REMANDED for further administrative proceedings consistent with the Report-Recommendation (Dkt. No. 16); and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.
DATED: May 10, 2012
Albany, New York
__________________
Lawrence E. Kahn
U.S. District Judge