UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
July 28, 2011
BERNADETTE CAPPA, PLAINTIFF,
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
The opinion of the court was delivered by: Scullin, Senior Judge
Plaintiff filed this action on May 19, 2009, seeking judicial review of the Commissioner's final decision pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3). See Dkt. No. 1. Defendant filed his answer on December 14, 2009. See Dkt. No. 9. Plaintiff filed a supporting brief on February 18, 2010, see Dkt. No. 12; and Defendant filed a brief in opposition on May 14, 2010, see Dkt. No. 17. Pursuant to General Order No. 18, Magistrate Judge Bianchini proceeded "as if both parties had accompanied their briefs with a motion for judgment on the pleadings." See General Order No. 18. On June 29, 2011, Magistrate Judge Bianchini issued a Report and Recommendation, in which he recommended that the Court grant Plaintiff's motion, deny Defendant's motion, reverse the Commissioner's decision and remand this matter to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). See Dkt. No. 19 at24. Neither party filed any objections to these recommendations.
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 Bianchini's June 29, 2011 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Bianchini's June 29, 2011 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Plaintiff's motion is GRANTED; and the Court further ORDERS that Defendant's motion is DENIED, the Commissioner's decision is REVERSED; and this case is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with Magistrate Judge Bianchini's Report and Recommendation.
IT IS SO ORDERED.
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