From Casetext: Smarter Legal Research

Mitchell v. Astrue

United States District Court, S.D. New York
Sep 25, 2009
07 Civ. 285 (JSR) (S.D.N.Y. Sep. 25, 2009)

Summary

adopting Report & Recommendation

Summary of this case from Hollaway v. Colvin

Opinion

07 Civ. 285 (JSR).

September 25, 2009


ORDER


On July 16, 2008, the Honorable Debra Freeman, United States Magistrate Judge, issued a Report and Recommendation ("Report") in the above-captioned matter recommending that defendant's motion for judgment on the pleadings be denied and that plaintiff's motion for judgment on the pleadings be granted to the extent that this matter be remanded to the Commissioner of Social Security ("Commissioner") for further proceedings consistent with the Report.

Neither party has filed any objection to the Report, and, for that reason alone, the parties have waived any right to further appellate review. See Thomas v. Arn, 474 U.S. 140, 147-48 (1985);Mario v. P C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002); Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). Accordingly, the Court hereby adopts the Report, and, for the reasons stated therein, denies defendant's motion for judgment on the pleadings, grants plaintiff's motion for judgment on the pleadings to the extent set forth in the Report, and remands this case to the Commissioner for further proceedings as described in the Report.

The Clerk of the Court is ordered to close the case.

SO ORDERED.


Summaries of

Mitchell v. Astrue

United States District Court, S.D. New York
Sep 25, 2009
07 Civ. 285 (JSR) (S.D.N.Y. Sep. 25, 2009)

adopting Report & Recommendation

Summary of this case from Hollaway v. Colvin

adopting Report & Recommendation

Summary of this case from Collazo v. Colvin

adopting Report & Recommendation of Freeman, M.J.

Summary of this case from Merriman v. Colvin

adopting Report & Recommendation

Summary of this case from Sylcox v. Colvin

adopting Report & Recommendation of Freeman, M.J.

Summary of this case from Ryan v. Astrue

adopting Report and Recommendation of Freeman, M.J.

Summary of this case from Norman v. Astrue

adopting Report and Recommendation of Freeman, M.J.

Summary of this case from Henderson v. Astrue

adopting Report and Recommendation of Freeman, M.J.

Summary of this case from Rivera v. Commissioner of Social Security

explaining that the ALJ may be required to "solicit further information from [claimant's] treating sources," regarding his alleged impairments

Summary of this case from Chandler v. Comm'r of Soc. Sec.
Case details for

Mitchell v. Astrue

Case Details

Full title:GREGGORY A. MITCHELL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of…

Court:United States District Court, S.D. New York

Date published: Sep 25, 2009

Citations

07 Civ. 285 (JSR) (S.D.N.Y. Sep. 25, 2009)

Citing Cases

Yates v. Commissioner of Social Security

Specifically, the ALJ has the duty to "recontact" a treating physician for clarification if the treating…

Viverito v. Colvin

'" Stokes v. Comm'r of Soc. Sec., No. 10-CV-0278 (JFB), 2012 WL 1067660, at *11 (E.D.N.Y. Mar. 29, 2012)…