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Dupre v. Colvin

United States District Court, Northern District of New York

March 25, 2015

ALFRED T. DUPRE, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendants.

DECISION AND ORDER

THOMAS J. MCAVOY SENIOR UNITED STATES DISTRICT JUDGE

This action, brought pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) for a review of the final determination of the Commissioner of Social Security, was referred by this Court to the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).

In the Report-Recommendation, Magistrate Judge Dancks recommends that the case be remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. No objections to the Report-Recommendation dated February 25, 2015 have been filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.

For the foregoing reasons, the Court ADOPTS the Report and Recommendation, dkt. # 14, and ORDERS that the case be remanded to the Commissioner for proceedings consistent with the Magistrate Judge’s Report-Recommendation.

IT IS SO ORDERED.


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