Stout v. Commissioner of Social Security, No. 6:2015cv00160 - Document 35 (N.D.N.Y 2016)
Court Description: DECISION & ORDER: It is Ordered that the # 34 Report and Recommendations is ACCEPTED in its entirety, and the # 29 Motion to Dismiss for Lack of Subject Matter Jurisdiction is GRANTED and the # 1 Complaint is DISMISSED for lack of subject matter jurisdiction. Judgment is entered in favor of the defendant and this case is closed. Signed by Judge David N. Hurd on 7/12/2016. {Copy sent to the pro se plaintiff by regular and certified mail} (jmb)
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Stout v. Commissioner of Social Security Doc. 35 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------CHRISTOPHER STOUT, Plaintiff, -v- 6:15-CV-0160 (DNH/DJS) COMMISSIONER OF SOCIAL SECURITY, Defendants. -------------------------------APPEARANCES: OF COUNSEL: CHRISTOPHER STOUT Plaintiff, pro se, #447011 CNY Psychiatric Center Ward 404 P.O. Box 300 Marcy, New York 13404 Social Security Administration Attorney for Defendant Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, NY 10278 FERGUS J. KAISER, ESQ. Special Asst. U.S. Attorney DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Christopher Stout filed this action seeking payment in the amount of $2,050.00 from the Social Security Administration for underpayment of monies that allegedly pre-dated his incarceration. By Report-Recommendation dated April 19, 2016, the Honorable Daniel J. Stewart, United States Magistrate Judge, recommended that defendant’s motion to dismiss be Dockets.Justia.com granted and that plaintiff's complaint be dismissed. No objections to the Report- Recommendation have been filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that: (1) Defendant’s motion to dismiss (ECF No. 29) is GRANTED; (2) Plaintiff's complaint is DISMISSED for lack of subject matter jurisdiction in accordance with Federal Rule of Civil Procedure 12(b)(1); and (3) The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. The Clerk of the Court shall enter judgment and close the case. IT IS SO ORDERED. Dated: July 12, 2016 Utica, New York -2-
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