Martin v. Astrue

Filing 17

ORDER, that the 16 Report-Recommendation of Magistrate Judge George H. Lowe filed December 27, 2007 is ACCEPTED in its entirety; that the complaint is DISMISSED under Federal Rule of Civil Procedure 12(b)(1). Signed by Judge Gary L. Sharpe on 2/4/2008. (Attachments: # 1 Judge Lowe's Report-Recommendation) (jel, ) Modified on 2/4/2008 (jel, ).

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Martin v. Astrue Doc. 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------LISA MARTIN, Plaintiff, -v.Civil Action No. 8:07-cv-928 (GLS/GHL) MICHAEL ASTRUE, Commissioner of Social Security, Defendant. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: OFFICE OF MARK A. SCHNEIDER 57 Court Street Plattsburgh, New York 12901 FOR THE DEFENDANT: HON. GLENN T. SUDDABY United States Attorney for the Norther District of New York P.O. Box 7198 100 S. Clinton Street Syracuse, New York 13261-7198 GARY L. SHARPE, U.S. DISTRICT JUDGE KAREN T. CALLAHAN Special Assistant U.S. Attorney MARK A. SCHNEIDER, ESQ. OF COUNSEL: Dockets.Justia.com ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge George H. Lowe, duly filed on December 27, 2007. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge George H. Lowe filed December 27, 2007 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the complaint is DISMISSED under Federal Rule of Civil Procedure 12(b)(1), and it is further ORDERED, that the clerk enter judgment in favor of the defendant, and it is further ORDERED, that the Clerk serve a copy of this order on all parties by regular mail. 2 IT IS SO ORDERED Dated: February 4, 2008 Albany, New York 3

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