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)

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

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