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Manning v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


May 31, 2010

KRISTIN M. MANNING, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

Plaintiff brought this action pursuant to 42 U.S.C. § 405(g), seeking review of Defendant's decision denying her benefits under the Social Security Act. See Dkt. No. 1. Plaintiff also moved for judgment on the pleadings. See Dkt. No. 12. Defendant filed an answer, see Dkt. No. 10, and filed a motion for judgment on the pleadings, see Dkt. No. 13. In a Report and Recommendation dated April 30, 2010, Magistrate Judge Bianchini recommended that this Court grant Plaintiff's motion, deny Defendant's motion, and remand this matter for further administrative proceedings. See Dkt. No. 15 at 2-3. The parties did not file any objections to these recommendations.

Having reviewed the entire record in this matter, Magistrate Judge Bianchini's April 30, 2010 Report and Recommendation, and the applicable law, the Court hereby

ORDERS that Magistrate Judge Bianchini's April 30, 2010 Report and Recommendation is ADOPTED in its entirety; and the Court further

ORDERS that, for the reasons stated in Magistrate Judge Bianchini's April 30, 2010 Report and Recommendation, Plaintiff's motion for judgment on the pleadings is GRANTED; Defendant's motion for judgment on the pleadings is DENIED; and this matter is REMANDED to Defendant pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with Magistrate Judge Bianchini's April 30, 2010 Report and Recommendation; and the Court further

ORDERS that the Clerk of the Court shall enter judgment and close this case.

IT IS SO ORDERED.

20100531

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