Wahrmann v. Commissioner of Social Security et al

Filing 5

ORDER adopting Magistrate Judge Baxter's 4 Report and Recommendations and dismissing the complaint in its entirety. Signed by Senior Judge Thomas J. McAvoy on 6/3/2013. (amt) [Pltf served via reg. and cert. mail]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JOHN K. WAHRMANN,
Plaintiff,
-vs-

6:13-CV-432

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

Thomas J. McAvoy,
United States District Judge
DECISION and ORDER
This matter was referred to the Hon. Andrew M. Baxter, United States Magistrate Judge, for
a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules
of the Northern District of New York. No objections to the April 29, 2013 Report-Recommendation
have been raised. After examining the record, this Court has determined that the ReportRecommendation is not subject to attack for plain error or manifest injustice. Accordingly, this
Court adopts the Report-Recommendation and Order for the reasons stated therein.
Accordingly, Plaintiff’s complaint is DISMISSED in its entirety, with prejudice, pursuant to
28 U.S.C. § 1915(e)(2)(B)(i)-(iii) for failure to state a claim due to lack of subject matter
jurisdiction.
IT IS SO ORDERED.
Dated: June 3, 2013

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