Hansen-Nilsen v. Colvin

Filing 19

DECISION AND ORDER accepting and adopting # 18 Magistrate Judge Carter's Report and Recommendation in its entirety. The Commissioner's decision denying disability benefits is affirmed, and the Plaintiff's complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 3/6/17. (lmw)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ KATIE HANSEN-NILSEN, Plaintiff, 5:15-CV-1258 (GTS/WBC) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________________ APPEARANCES: OF COUNSEL: LAW OFFICE OF BARNEY F. BILELLO Counsel for Plaintiff 4020 Underbrush Trail Liverpool, New York 13090 BARNEY F. BILELLO, ESQ. STANLEY LAW OFFICES, LLP Co-Counsel for Plaintiff 215 Burnet Avenue Syracuse, New York 13203 JAYA A. SHURTLIFF, ESQ. STEPHANIE VISCELLI, ESQ. SOCIAL SECURITY ADMINISTRATION KAREN T. CALLAHAN, ESQ. OFFICE OF REG’L GEN. COUNSEL–REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge William B. Mitchell Carter, filed on February 7, 2017, recommending that the Commissioner’s decision denying disability insurance benefits be affirmed and this matter be dismissed. (Dkt. No. 18.) Objections to the Report-Recommendation have not been filed and the time in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Carter’s thorough ReportRecommendation, the Court can find no clear error in the Report-Recommendation.1 Magistrate Judge Carter employed the proper legal standards, accurately recited the facts, and correctly applied the law to those facts. (Dkt. No. 18.) As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner’s decision denying disability insurance benefits is affirmed; and this matter is dismissed. ACCORDINGLY, it is ORDERED that Magistrate Judge Carter’s Report-Recommendation (Dkt. No. 18) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Commissioner’s decision denying disability insurance benefits is AFFIRMED, and Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED. Dated: March 7, 2017 Syracuse, New York ____________________________________ HON. GLENN T. SUDDABY Chief United States District Judge 1 When no objection is made to a report-recommendation, the Court subjects that report-recommendation to only a “clear error” review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When performing such a clear error review, “the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) (“I am permitted to adopt those sections of [a magistrate judge’s] report to which no specific objection is made, so long as those sections are not facially erroneous.”) (internal quotation marks omitted). 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?