Steven Baylis v. Michael J. Astrue

The opinion of the court was delivered by: Pollak, J.

ORDER

AND NOW, this 3rd day of August, 2011, upon consideration of plaintiff's Request for Review (Docket No. 3), plaintiff's memorandum in support of that request (Docket No. 8), defendant's response thereto (Docket No. 9), plaintiff's reply to defendant's response (Docket No. 10), the Report and Recommendation of Magistrate Judge Linda K. Caracappa (Docket No. 12), plaintiff's objections to the Report and Recommendation (Docket No. 13), this court's prior memorandum opinion and order (Docket Nos. 14 and 15), defendant's motion to alter or amend judgment (Docket No. 16), and the entire record herein, and for the reasons provided in the accompanying memorandum, it is hereby ORDERED that:

1. Defendant's motion to alter or amend the judgment is GRANTED;

2. The Report and Recommendation is APPROVED AND ADOPTED;

3. Plaintiff's Request for Review is DENIED; and

4. Plaintiff's motion for attorney's fees (Docket No. 17) is DISMISSED as moot.

BY THE COURT

Louis H. Pollak

20110803