Emms v. Commissioner of Social Security

Filing 12

DECISION and ORDERED that the Report-Recommendation (Dkt. No. 9) is APPROVED and ADOPTED in its ENTIRETY; and it is furtherORDERED, that the Commissioners decision denying disability benefits is AFFIRMED; and it is furtherORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED. Signed by Senior Judge Lawrence E. Kahn on 4/13/09. (sas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CYNTHIA A. EMMS, Plaintiff, v. 3:05-CV-660 (LEK/ RFT)

COMMISSIONER OF SOCIAL SECURITY, Michael J. Astrue,1 Defendant.

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on March 18, 2009 by the Honorable Randolph F. Treece, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. Report-Rec. (Dkt. No. 9). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Cynthia A. Emms, which were filed on April 1, 2009. Objections (Dkt. No. 10). It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation
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Michael J. Astrue became Commissioner of Social Security on February 12, 2007. Pursuant to Federal Rule of Civil Procedure 25(d), Michael J. Astrue is substituted as the Defendant in this action for Jo Anne B. Barnhart. 1

should be approved for the reasons stated therein. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 9) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that the Commissioner's decision denying disability benefits is AFFIRMED; and it is further ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: April 13, 2009 Albany, New York

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