Hendricks Davis v. Commissioner of Social Security

Filing 17

DECISION AND ORDER accepting and adopting # 16 Magistrate Judge Carter's Report and Recommendation in its entirety. The Commissioner's decision denying Plaintiff Social Security benefits is affirmed, and Plaintiff's complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 1/16/18. (lmw) (Copy served upon pro se plaintiff via regular and certified mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_______________________________________________
KRISTIE LYN HENDRICKS DAVIS
Plaintiff,

1:16-CV-1074
(GTS/WBC)

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_______________________________________________
APPEARANCES:

OF COUNSEL:

KRISTIE LYN HENDRICKS DAVIS
Plaintiff, Pro Se
6 Leghorn Road
Kerhonkson, New York 12446
SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG’L GEN. COUNSEL–REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, New York 10278

PETER W. JEWETT, ESQ.
Special Assistant U.S. Attorney

GLENN T. SUDDABY, Chief United States District Judge
DECISION and ORDER
The above-captioned matter comes to this Court following a Report-Recommendation by
United States Magistrate Judge William B. Mitchell Carter, filed on November 20, 2017,
recommending that the Commissioner’s decision denying Plaintiff Social Security benefits be
affirmed, and Plaintiff’s Complaint be dismissed. (Dkt. No. 16.) Objections to the ReportRecommendation have not been filed and the time in which to do so has expired. (See generally
Docket Sheet.)

After carefully reviewing all of the papers herein, including Magistrate Judge Carter’s
thorough Report-Recommendation, the Court can find no clear error in the ReportRecommendation:1 Magistrate Judge Carter employed the proper legal standards, accurately
recited the facts, and correctly applied the law to those facts. (Dkt. No. 16.) As a result, the
Report-Recommendation is accepted and adopted in its entirety; the Commissioner’s decision
denying Plaintiff Social Security benefits is affirmed, and Plaintiff’s Complaint is dismissed.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Carter’s Report-Recommendation (Dkt. No. 16) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that the Commissioner’s decision denying Plaintiff Social Security benefits
is AFFIRMED, and Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED.
Dated: January 16, 2018
Syracuse, New York
____________________________________
HON. GLENN T. SUDDABY
Chief United States District Judge

1

When no objection is made to a report-recommendation, the Court subjects that
report-recommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee
Notes: 1983 Addition. When performing such a “clear error” review, “the court need only
satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.” Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1
(S.D.N.Y. July 31, 1995) (Sotomayor, J.) (“I am permitted to adopt those sections of [a
magistrate judge’s] report to which no specific objection is made, so long as those sections are
not facially erroneous.”) (internal quotation marks omitted).
2