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Lawton v. Astrue

November 18, 2010

DAVID M. LAWTON, PLAINTIFF,
v.
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



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

ORDER

Plaintiff commenced this action on March 5, 2010, seeking judicial review of Defendant's final decision denying his application for benefits. See Dkt. 1. In a Report-Recommendation dated November 2, 2010, Magistrate Judge Baxter recommended that this Court reverse Defendant's decision and remand this case for further proceedings, pursuant to sentence four of 42 U.S.C. § 405(g). See Dkt. No. 15 at 30. The parties did not file any objections to this Report- Recommendation.

When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this review, "the Court may 'accept, reject, or modify, in whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C. § 636(b)(1)(C)).

The Court has reviewed Magistrate Judge Baxter's November 2, 2010 Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Baxter's November 2, 2010 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Defendant's decision is REVERSED and this case is REMANDED, pursuant to sentence four of 42 U.S.C. § 405(g), "for a proper determination of [P]laintiff's residual functional capacity to perform his past work and other further proceedings," see Dkt. No. 15 at 30, consistent with Magistrate Judge Baxter's Report-Recommendation; and the Court further

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

IT IS SO ORDERED.

Dated: November 18, 2010 Syracuse, New York

20101118

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