Bennett v. Colvin, No. 5:2014cv00537 - Document 15 (N.D.N.Y 2015)

Court Description: DECISION AND ORDER: adopting the # 14 Report and Recommendation of Magistrate Judge Therese Wiley Dancks. It is ORDERED that the decision of the Commissioner is AFFIRMED, and the plaintiff's Complaint is DISMISSED. Signed by Senior Judge Thomas J. McAvoy on 8/10/2015. (mc)
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Bennett v. Colvin Doc. 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ RICHARD LEE BENNETT, Plaintiff, v. 5:14-CV-0537 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER This matter was referred to the Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and 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 a Report and Recommendation dated July 3, 2015, Magistrate Judge Dancks recommended that the decision of the Commissioner be affirmed, and the plaintiff’s complaint be dismissed. [Dkt. # 14]. No objections to the Report and Recom mendation have been lodged and the time for filing objections has expired. CONCLUSION After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Therefore, the Court ADOPTS the Report and Recommendation [dkt. # 14] for the reasons stated 1 therein. The decision of the Commissioner is AFFIRMED, and the plaintiff's complaint is DISMISSED. IT IS SO ORDERED. Dated:August 10, 2015 2