Whatley v. Astrue

Filing 7

ORDER: ADOPTING the # 6 Report-Recommendation in its entirety and DISMISSING the # 1 Complaint. Signed by Chief Judge Norman A. Mordue on 10/31/2011. (mae)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ MARLON J. WHATLEY, JR., Plaintiff, vs. 5:2011-CV-1009 MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, N Defendant. ________________________________________________ A APPEARANCES: OF COUNSEL: Olinsky Law Group 300 S. State Street 5th Floor, Suite 520 Syracuse, NY 13202 Counsel for Plaintiff Howard D. Olinsky, Esq. NORMAN A. MORDUE, CHIEF U. S. DISTRICT JUDGE ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed on the 14th day of October 2011. Following fourteen (14) days from M the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein. After careful review of all of the papers herein, including the Magistrate Judge’s ReportRecommendation, and no objections submitted thereto, it is ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. 2. The plaintiff’s complaint is dismissed. 3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. IT IS SO ORDERED. Dated: October 31, 2011 Syracuse, New York N A M 2

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