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Smith v. Colvin

United States District Court, N.D. New York

January 9, 2014

RITCHIE SMITH, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

LACHMAN & GORTON PETER A. GORTON, ESQ., Endicott, New York, Attorneys for Plaintiff.

SOCIAL SECURITY ADMINISTRATION, VERNON NORWOOD, ESQ., Office of Regional General Counsel, New York, New York, Attorneys for Defendant.

ORDER

FREDERICK J. SCULLIN, Jr., Senior District Judge.

Currently before the Court is Magistrate Judge Baxter's December 20, 2013 Report-Recommendation, in which he recommended that this Court reverse the Commissioner's decision and remand the case pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. See Dkt. No. 18 at 34. The parties did not file 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 Baxter's December 20, 2013 Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Baxter's December 20, 2013 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that this case is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings 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.


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