Doner v. Commissioner of Social Security

Filing 17

DECISION & ORDER: It is Ordered that the # 14 Report and Recommendations of Magistrate Judge Therese Wiley Dancks are ADOPTED and the Commissioner's Decision is AFFIRMED. Therefore the # 1 Complaint is DISMISSED. Signed by Senior Judge Thomas J. McAvoy on 9/24/2014. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

ROXANNE DONER,
Plaintiff,
-vs-

7:13-CV-720
(TJM/TWD)

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

Thomas J. McAvoy,
Senior United States District Judge

DECISION and ORDER
This matter was referred to the Honorable Thérèse Wiley Dancks, United States
Magistrate Judge, for a Report-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. In her ReportRecommendation, dated August 8, 2014, Magistrate Judge Dancks recommended that
the Commissioner’s decision be affirmed. The essence of Magistrate Judge Dancks’s
opinion is that the correct law was applied and the decision of the Administrative Law
Judge (“ALJ”) was supported by substantial evidence. The Plaintiff has filed timely
objections to the Report-Recommendation.
When objections to a magistrate judge’s Report-Recommendation are lodged,
the Court reviews the record de novo. See 28 U.S.C. § 636(b)(1). After such a review,

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the Court may “accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge. The Court may also receive further
evidence or recommit the matter to the magistrate judge with instructions.” Id. Thus,
the Court reviews the instant matter de novo.
Having reviewed the record de novo and having considered the issues raised in
the Plaintiff’s objections, this Court has determined to adopt the recommendation of
Magistrate Judge Wiley Dancks for the reasons stated in the Report-Recommendation.
Therefore:
(1) The Plaintiff’s objections, dkt. #5, are Overruled;
(2) The Magistrate Judge’s Report-Recommendation, dkt. #14, is Adopted; and
(3) The Commissioner’s decision is Affirmed.
IT IS SO ORDERED.
Dated: September 24, 2014

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