Opinion
7:10-CV-256 (FJS/ATB).
November 18, 2010
LAWRENCE D. HASSELER, ESQ., CONBOY, MCKAY, BACHMAN KENDALL, LLP, Carthage, New York, Attorneys for Plaintiff.
ELLEN E. SOVERN, ESQ., SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GENERAL COUNSEL, REGION II, New York, New York, Attorneys for Defendant.
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