Doner v. Commissioner of Social Security, No. 7:2013cv00720 - Document 17 (N.D.N.Y 2014)

Court Description: 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)

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Doner v. Commissioner of Social Security Doc. 17 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, 1 Dockets.Justia.com 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 2

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