Newberry v. Commissioner of Social Security

Filing 12

DECISION & ORDER: It is Ordered that the # 11 Report and Recommendations is ADOPTED, defendant's motion for judgment on the pleadings is GRANTED, the Commissioner's decision is AFFIRMED and plaintiff's # 1 Complaint is hereby DISMISSED. Signed by Senior Judge Thomas J. McAvoy on 9/9/2015. (jmb)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ANDREW ROBERT NEWBERRY, Plaintiff, -vs- 1:14-CV-0880 (TJM/TWD) COMMISSIONER OF SOCIAL SECURITY, Defendant. Thomas J. McAvoy, D.J. DECISION and ORDER This matter was referred to the Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. No objections to the June 19, 2015 ReportRecommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation and Order for the reasons stated therein. The Report-Recommendation is hereby adopted, and: 1. The Commissioner’s decision is hereby AFFIRMED; 2. Defendant’s motion for judgment on the pleadings is hereby GRANTED; and 3. The Plaintiff’s complaint is hereby DISMISSED. 1 IT IS SO ORDERED. Dated: September 9 , 2015 2

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