United States District Court, W.D. New York
April 15, 2014
DARIUS MICHAEL DUGGAN, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
RICHARD J. ARCARA, District Judge.
The above-referenced case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On March 24, 2014, Magistrate Judge Scott filed a Report and Recommendation, recommending that the decision of the Commissioner be reversed and this matter be remanded for further administrative proceedings. Magistrate Judge Scott further recommends that defendant's motion for judgment on the pleadings (Dkt. 14) should be denied and plaintiff's motion for similar relief in his favor (Dkt. 15) should be granted.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, the decision of the Commissioner is reversed and the matter is remanded for further administrative proceedings. Further, defendant Commissioner's motion for judgment on the pleadings is denied, and plaintiff's motion for similar relief in his favor is granted.
The Clerk of Court shall take all steps necessary to close the case.