Buchanan v. Commissioner of Social Security, No. 1:2008cv00854 - Document 15 (N.D.N.Y 2009)
Court Description: DECISION AND ORDER adopting and affirming 14 Report and Recommendations. Pltf's motion for judgment on the pleadings is denied and Deft's motion for judgment on the pleadings is granted. Pltf's complaint is dismissed. Signed by Senior Judge Thomas J. McAvoy on 6/18/09. (sfp, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ SANDRA BUCHANAN, Plaintiff, vs. Civil Action No. 1:08-CV-0854 COMMISSIONER OF SOCIAL SECURITY, Defendant. ______________________________________________ Thomas J. McAvoy, Senior United States District Judge DECISION and ORDER This matter was referred to the Hon. Victor E. Bianchini, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. ยง 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. In a Report and Recommendation dated May 27, 2009 ( Report-Recommendation ), Magistrate Judge Bianchini recommended that Plaintiff s motion for judgment on the pleadings be denied and that Defendant s motion for judgment on the pleadings be granted. No objections to the Report and Recommendation have been lodged and the time for filing objections has expired. After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report and Recommendation for the reasons stated therein. Therefore, Plaintiff s motion for judgment on the pleadings is DENIED and Defendant s 1 motion for judgment on the pleadings is GRANTED. The Commissioner s determination denying Plaintiff s application for disability insurance benefits and Supplemental Security Income is AFFIRMED, and Plaintiff s Complaint is DISMISSED in all respects. IT IS SO ORDERED. Dated:June 18, 2009 2
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