Buissereth v. Colvin
Filing
18
DECISION AND ORDER accepting and adopting # 17 Magistrate Judge Carter's Report and Recommendation in its entirety. The Commissioner's determination is affirmed, and the Plaintiff's Complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 3/24/17. (lmw)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_____________________________________
JOEL R. BUISSERETH,
Plaintiff,
v.
5:15-CV-1358
(GTS/WBC)
CAROLYN W.COLVIN,
Acting Commissioner of Social Security, 1
Defendant.
_____________________________________
APPEARANCES:
OF COUNSEL:
STANLEY LAW OFFICES, LLP
Counsel for Plaintiff
215 Burnet Avenue
Syracuse, NY 13203
JAYA A. SHURTLIFF, ESQ.
STEPHANIE VISCELLI, ESQ.
BARNEY F. BILELLO, ESQ.
Counsel for Plaintiff
4020 Underbrush Trail
Liverpool, NY 13090
BARNEY F. BILELLO, ESQ.
U.S. SOCIAL SECURITY ADMIN.
OFFICE OF REG’L GEN. COUNSEL – REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, NY 10278
VERNON NORWOOD, ESQ.
GLENN T. SUDDABY, Chief United States District Judge
DECISION and ORDER
Currently before the Court, in this Social Security action filed by Joel R. Buissereth
(“Plaintiff”) against the Commissioner of Social Security (“Defendant” or “the Commissioner”)
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Because Nancy A. Berryhill is now Acting Commissioner of Social Security, the Clerk of
the Court is directed to substitute her as the Defendant in this action. Fed. R. Civ. P. 25(d).
pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), is the Report and Recommendation of United
States Magistrate Judge William B. Mitchell Carter, recommending that Plaintiff’s motion for
judgment on the pleadings be denied, that Defendant’s motion for judgment on the pleadings be
granted, that the Commissioner’s decision denying Plaintiff benefits be affirmed, and that
Plaintiff’s claim be dismissed. (Dkt. No. 17.) Objections to the Report and Recommendation
have not been filed, and the time in which to do so has expired. (Dkt. No. 17, at 13; see
generally Docket Sheet.)
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 recommended disposition.”
Fed. R. Civ. P. 72(b)(2); accord, 28 U.S.C. § 636(b)(1)(C). When no objection is made to a
report and recommendation, the Court subjects that report and recommendation to only a clearerror 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 and
citations omitted).
After carefully reviewing the relevant papers herein, including Magistrate Judge Carter’s
thorough Report and Recommendation, the Court can find no clear error in the Report and
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Recommendation. Magistrate Judge Carter employed the proper standards, accurately recited
the facts, and reasonably applied the law to those facts. (Dkt. No. 17.)
ACCORDINGLY, it is
ORDERED that the Clerk of the Court shall substitute Nancy A. Berryhill for Carolyn
W. Colvin as Acting Commissioner of Social Security and the Defendant in this action, and it is
further
ORDERED that Magistrate Judge Carter’s Report and Recommendation (Dkt. No. 17) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that the Commissioner’s determination is AFFIRMED; and it is further
ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED.
Dated: March 24, 2017
Syracuse, New York
____________________________________
Hon. Glenn T. Suddaby
Chief U.S. District Judge
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