Jones v. Astrue

Filing 11

ORDER adopting Magistrate Judge Bianchini's 10 Report and Recommendations; denying Plaintiff's motion for judgment on the pleadings; and granting Defendant's motion for judgment on the pleadings. Signed by Senior Judge Frederick J. Scullin, Jr on 5/8/2012. (amt)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________
LESLIE J. JONES,
Plaintiff,
v.

5:09-CV-1232
(FJS/VEB)

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
______________________________________________
APPEARANCES

OF COUNSEL

McMAHON, KUBLICK & SMITH, P.C.
500 South Salina Street
Suite 800
Syracuse, New York 13202
Attorneys for Plaintiff

JENNIFER GALE SMITH, ESQ.

SOCIAL SECURITY ADMINISTRATION
Office of Regional General Counsel
Region II
26 Federal Plaza - Room 3904
New York, New York 10278
Attorneys for Defendant

ANDREEA L. LECHLEITNER, ESQ.

SCULLIN, Senior Judge
ORDER
Currently before the Court is Magistrate Judge Bianchini's April 17, 2012 Report and
Recommendation, in which he recommended that the Court deny Plaintiff's motion for judgment
on the pleadings and grant Defendant's motion for judgment on the pleadings. See Dkt. No. 10.
The parties did not file any objections to these recommendations.

When a party does not object to a magistrate judge's report-recommendation, the court
reviews that report-recommendation for clear error or manifest injustice. See Linares v.
Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and
footnote omitted). After conducting this review, "the Court may 'accept, reject, or modify in
whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28
U.S.C. § 636(b)(1)(C)).
The Court has reviewed Magistrate Judge Bianchini's April 17, 2012 Report and
Recommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Bianchini's April 17, 2012 Report and Recommendation
is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Plaintiff's motion for judgment on the pleadings is DENIED; and the
Court further
ORDERS that Defendant's motion for judgment on the pleadings is GRANTED; and the
Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and
close this case.

IT IS SO ORDERED.

Dated: May 8, 2012
Syracuse, New York

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