Doughty v. Colvin

Filing 11

DECISION and ORDER granting. Magistrate Judge Hummel's Report-Recommendation, Dkt. No. 10 , is ACCEPTED and ADOPTED in its entirety; defendant's motion to dismiss, Dkt. No. 8 , is GRANTED; and plaintiff Complaint, Dkt. No. 1 , is DISMISSED in its entirety. Signed by Judge Glenn T. Suddaby on 10/15/2014. (lah)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________ JAMES J. DOUGHTY, Plaintiff, 5:14-CV-0265 (GTS/CFH) v. CAROLYN W. COLVIN, Acting Comm’r of Social Security, Defendant. ______________________________________ APPEARANCES: OF COUNSEL: OLINSKY LAW GROUP Counsel for Plaintiff 300 South State Street, Suite 420 Syracuse, New York 13202 HOWARD D. OLINSKY, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REG’L GEN. COUNSEL–REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 SIXTINA FERNANDEZ, ESQ. GLENN T. SUDDABY, United States District Judge DECISION and ORDER Currently before the Court, in this action filed by James J. Doughty (“Plaintiff”) against the Commissioner of Social Security (“Defendant”) pursuant to 42 U.S.C. § 405(g) seeking review of a decision by Defendant denying Plaintiff’s application for Social Security benefits, is the Report-Recommendation of United States Magistrate Judge Christian F. Hummel, issued pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Local Rule 72.3(c) of the Local Rules of Practice for this Court, recommending that this action be dismissed in its entirety for Plaintiff’s failure to timely file his complaint within the proscribed sixty (60) day filing period. (Dkt. No. 10.) Objections to the Report-Recommendation have not been filed, and the time period in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing all of the papers in this action, including Magistrate Judge Hummel’s Report-Recommendation, the Court can find no clear error in Magistrate Judge Hummel’s thorough Report-Recommendation. (Dkt. No. 10.) As a result, the Court accepts and adopts the Report-Recommendation in its entirety for the reasons stated therein. ACCORDINGLY, it is ORDERED that Magistrate Judge Hummel’s Report-Recommendation (Dkt. No. 10) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Defendant’s motion to dismiss (Dkt. No. 8) is GRANTED; and it is further ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED in its entirety. Dated: October 15, 2014 Syracuse, New York 2

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