Seifried ex rel. A.A.B. v. Comm'r of Soc. Sec.

Full title: CRYSTAL ANN SEIFRIED, on behalf of A.A.B., Plaintiff, v. COMMISSIONER OF…

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Sep 29, 2014

6:13-CV-0347 (LEK/TWD) (N.D.N.Y. Sep. 29, 2014)

Opinion

6:13-CV-0347 (LEK/TWD)

09-29-2014

CRYSTAL ANN SEIFRIED, on behalf of A.A.B., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Lawrence E. Kahn U.S. District Judge

ORDER

This matter comes before the Court following a Report-Recommendation filed on July 30, 2014, by the Honorable Thérèse Wiley Dancks, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 15 ("Report-Recommendation").

Within fourteen days 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); L.R. 72.1(c). If no objections are made, or if an objection is general, conclusory, perfunctory, or a mere reiteration of an argument made to the magistrate judge, a district court need review that aspect of a report-recommendation only for clear error. Chylinski v. Bank of Am., N.A., 434 F. App'x 47, 48 (2d Cir. 2011); Barnes v. Prack, No. 11-CV-0857, 2013 WL 1121353, at *1 (N.D.N.Y. Mar. 18, 2013); Farid v. Bouey, 554 F. Supp. 2d 301, 306-07 & n.2 (N.D.N.Y. 2008); see also Machicote v. Ercole, No. 06 Civ. 13320, 2011 WL 3809920, at *2 (S.D.N.Y. Aug. 25, 2011) ("[E]ven a pro se party's objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate's proposal, such that no party be allowed a second bite at the apple by simply relitigating a prior argument.").

No objections to the Report-Recommendation were filed in the allotted time period. See Docket. The Court therefore reviews the Report-Recommendation for clear error and finds none.

Accordingly, it is hereby:

ORDERED, that the Report-Recommendation (Dkt. No. 15) is APPROVED and ADOPTED in its entirety; and it is further

ORDERED, that the decision of the Commissioner is VACATED, and the case is REMANDED for a new hearing consistent with the Report-Recommendation (Dkt. No. 15); and it is further

ORDERED, that the Clerk of the Court serve a copy of this Order on the parties to this action in accordance with the Local Rules.

IT IS SO ORDERED. DATED: September 29, 2014

Albany, New York

/s/__________

Lawrence E. Kahn

U.S. District Judge