Dowling v. Colvin

Filing 20

DECISION AND ORDER accepting and adopting # 19 Judge Hines' Report and Recommendation in its entirety; granting # 16 Commissioner's motion for judgment on the pleadings; denying # 15 Plaintiff's motion for judgment on the pleadings. Commissioner's decision is AFFIRMED, and Plaintiff's complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 9/15/15. (lmw)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________ CORAMAE DOWLING, Plaintiff, 5:14-CV-0786 (GTS/ESH) v. COMM’R OF SOC. SEC., Defendant. ______________________________________ APPEARANCES: OF COUNSEL: OLINSKY LAW GROUP Counsel for Plaintiff 300 S. State St., Ste. 420 Syracuse, NY 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 ANDREA LECHLEITNER, ESQ. GLENN T. SUDDABY, United States District Judge DECISION and ORDER Currently before the Court, in this action filed by Coramae Dowling (“Plaintiff”) against the Commissioner of Social Security (“Defendant” or “Commissioner”) pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking disability benefits, is the Report and Recommendation of United States Magistrate Judge Earl S. Hines, 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 the Commissioner’s decision be affirmed and Plaintiff’s request to remand the ALJ’s unfavorable decision be denied. (Dkt. No. 19.) No objections were filed in this case. A district court reviewing a magistrate judge's Report and Recommendation “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). Parties may raise objections to the magistrate judge's Report and Recommendation, but they must be “specific written” objections, and must be submitted “[w]ithin 14 days after being served with a copy of the recommendations disposition.” Fed.R.Civ.P. 72(b)(2); see also 28 U.S.C. § 636(b)(1)(C). “Where, however, an objecting party makes only conclusory or general objections, or simply reiterates his original arguments, the Court reviews the Report and Recommendation only for clear error.” Caldwell v. Crosset, 2010 WL 2346330 at * 1 (N.D.N.Y. 2010) (internal quotations omitted) (citing Farid v. Bouey, 554 F.Supp.2d 301, 307 [N.D.N.Y. 2008]). After carefully reviewing the relevant filings in this action the Court can find no clear error in the Report and Recommendation: Magistrate Judge Hines employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. (Dkt. No. 19.) ACCORDINGLY, it is ORDERED that Magistrate Judge Hines’ Report and Recommendation (Dkt. No. 19) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED the Commissioner’s motion for judgment on the pleadings (Dkt. No. 16) is GRANTED; and it is further ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 15) is DENIED; and it is further ORDERED that the Commissioner’s decision is AFFIRMED; and it is further ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED. Dated: September 15, 2015 Syracuse, NY ______________________________ Hon. Glenn T. Suddaby Chief, U.S. District Judge

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