Armstrong v. Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Southern District Armstrong v. Commissioner of Social Security

Armstrong v. Commissioner of Social Security

Plaintiff:	Terrence Armstrong
Defendant:	Commissioner of Social Security
Case Number:	7:2012cv08126
Filed:	October 26, 2012
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	New York
Presiding Judge:	Vincent L. Briccetti
Presiding Judge:	Paul E. Davison
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits
Jury Demanded By:	None

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Date Filed	Document Text
December 3, 2013	Filing 28 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 25 Report and Recommendations, 16 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. Accordingly, the R&R is adopted in its entirety as the opinion of the Court. Defendant& #039;s motion for judgment on the pleadings is DENIED. Plaintiff's affirmation in opposition to defendant's motion is deemed to be a motion for judgment on the pleadings, and is GRANTED to the extent that the case is REMANDED for further ad ministrative proceedings consistent with the R&R, pursuant to 42 U.S.C. § 405(g), sentence four. Plaintiff's motion for an order "foregoing further administrative proceedings and rule on the plaintiff's filing as a dispositive mot ion urging the Court to vacate and reverse" is DENIED. The Clerk is instructed to enter Judgment accordingly and close this case. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Vincent L. Briccetti on 12/3/2013) The Clerks Office Has Mailed Copies. (rj)

Date Filed

Document Text

December 3, 2013

Filing 28 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 25 Report and Recommendations, 16 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. Accordingly, the R&R is adopted in its entirety as the opinion of the Court. Defendant& #039;s motion for judgment on the pleadings is DENIED. Plaintiff's affirmation in opposition to defendant's motion is deemed to be a motion for judgment on the pleadings, and is GRANTED to the extent that the case is REMANDED for further ad ministrative proceedings consistent with the R&R, pursuant to 42 U.S.C. § 405(g), sentence four. Plaintiff's motion for an order "foregoing further administrative proceedings and rule on the plaintiff's filing as a dispositive mot ion urging the Court to vacate and reverse" is DENIED. The Clerk is instructed to enter Judgment accordingly and close this case. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Vincent L. Briccetti on 12/3/2013) The Clerks Office Has Mailed Copies. (rj)

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Plaintiff: Terrence Armstrong
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