King v. Commissioner of Social Security

Filing 14

DECISION and ORDER adopting Report and Recommendations re 13 Report and Recommendations. Based upon careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. Therefore it is ORDERED that the Commissioner's motion to dismiss is GRANTED and the Plaintiff's complaint is DISMISSED. Signed by Judge David N. Hurd on 1/15/2015. (dpk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ADDIE MAE KING,
Plaintiff,
-v-

5:14-CV-978
(DNH/CFH)

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

ADDIE MAE KING
Plaintiff Pro Se
2005 E. Fayette Street #102
Syracuse, NY 13224
OFFICE OF REGIONAL GENERAL
COUNSEL
Attorneys for Defendant
Social Security Administration
Region II
26 Federal Plaza, Room 3904
New York, NY 10278

JOSHUA L. KERSHNER, ESQ.

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Addie Mae King filed this action seeking judicial review of a final
decision of the Commissioner of Social Security denying her application for disability benefits
under the Social Security Act. By Report-Recommendation dated December 11, 2014, the
Honorable Christian F. Hummel, United States Magistrate Judge, recommended that the

Commissioner's unopposed motion to dismiss the complaint based on plaintiff's failure to
timely commence this action within the sixty-day time period prescribed by law be granted.
No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
1. The Commissioner's motion to dismiss is GRANTED; and
2. Plaintiff's complaint is DISMISSED.
IT IS SO ORDERED.

Dated: January 15, 2015
Utica, New York.

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