McKinney v. Barnhart, No. 5:2005cv00174 - Document 19 (N.D.N.Y 2008)

Court Description: DECISION AND ORDER adopting Report and Recommendations re 16 Report and Recommendations, Commissioner's decision denying disability benefits is AFFIRMED. Signed by Judge Lawrence E. Kahn on 2/1/08. (tab)
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McKinney v. Barnhart Doc. 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JACKIE D. McKINNEY, Plaintiff, -against- 5:05-CV-0174 (LEK/GHL) MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on January 2, 2008 by the Honorable George H. Lowe, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 16). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Jackie D. McKinney, which were filed on January 16, 2008. Objections (Dkt. No. 17). It is the duty of this Court to make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b). A [district] judge... may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein. Accordingly, it is hereby 1 ORDERED, that the Report-Recommendation (Dkt. No. 16) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that the Commissioner s decision denying disability benefits is AFFIRMED; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: February 01, 2008 Albany, New York 2