Farr v. Barnhart

Filing 16

ORDERED, that the Report-Recommendation (Dkt. No. 15) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that the Defendants Motion for judgment on the pleadings is GRANTED, the Commissioners determination that Plaintiff was not disabled at the relevant times is AFFIRMED, and that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED in all respects. Signed by Senior Judge Lawrence E. Kahn on June 16, 2009. (sas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK DEBRA J. FARR, Plaintiff, -againstMICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. 6:07-CV-0061 (LEK/DEP)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on May 27, 2009, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 15). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Peeble's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 15) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that the Defendant's Motion for judgment on the pleadings is GRANTED, the

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Commissioner's determination that Plaintiff was not disabled at the relevant times is AFFIRMED, and that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED in all respects; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: June 16, 2009 Albany, New York

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