Summary
noting that attendance in special education classes and graduating with an IEP suggest deficits in adaptive function
Summary of this case from Geil v. ColvinOpinion
1:07-CV-0959 (LEK/VEB).
December 7, 2009
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on October 13, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 20).
Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Bianchini's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 20) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant's Motion (Dkt. Nos. 10, 13) for judgment on the pleadings is DENIED; and it is further
ORDERED, that Plaintiffs' Motion (Dkt. No. 8) is GRANTED in part and DENIED in part; and it is further
ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is REMANDED for reconsideration consistent with the Report-Recommendation (Dkt. No. 20); and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.