Dority v. Commissioner of Social Security, No. 7:2014cv00285 - Document 16 (N.D.N.Y 2015)
Court Description: DECISION & ORDER accepting and adopting # 15 Magistrate Judge Carter's Report and Recommendation in its entirety; the Commissioner's determination is AFFIRMED, and the Plaintiff's complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 10/9/15. (lmw)
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Dority v. Commissioner of Social Security Doc. 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ MICHAEL J. DORITY, Plaintiff, v. 7:14-CV-00285 (GTS/WBC) COMM’R OF SOC. SEC., Defendant. __________________________________________ APPEARANCES: OF COUNSEL: CONBOY, McKAY LAW FIRM Counsel for Plaintiff 307 State Street Carthage, NY 13619 LAWRENCE D. HASSELER, ESQ. U.S. SOCIAL SECURITY ADMIN. OFFICE OF REG’L GEN. COUNSEL – REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 KAREN T. CALLAHAN, ESQ. GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Currently before the Court, in this Social Security action filed by Michael J. Dority (“Plaintiff”) against the Commissioner of Social Security (“Defendant” or “the Commissioner”) pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), is the Report and Recommendation of United States Magistrate Judge William B. Mitchell Carter, filed September 15, 2015, recommending that Plaintiff’s motion for judgment on the pleadings be denied, and that Defendant’s motion for judgment on the pleadings be granted. (Dkt. No. 15.) Objections to the Report and Recommendation have not been filed. Dockets.Justia.com A district court reviewing a magistrate judge’s Report and Recommendation “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). Parties may raise objections to the magistrate judge’s Report and Recommendation, but they must be “specific written objections,” and must be submitted “[w]ithin 14 days after being served with a copy of the recommended disposition.” Fed. R. Civ. P. 72(b)(2); accord, 28 U.S.C. § 636(b)(1)(C). “Where, however, an objecting ‘party makes only conclusory or general objections, or simply reiterates his original arguments, the Court reviews the Report and Recommendation only for clear error.’” Caldwell v. Crosset, 09- CV-0576, 2010 WL 2346330, at *1 (N.D.N.Y. June 9, 2010) (quoting Farid v. Bouey, 554 F. Supp. 2d 301, 307 [N.D.N.Y. 2008]). After carefully reviewing the filings in this action, the Court can find no clear error in the Report and Recommendation. Magistrate Judge Carter employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. (Dkt. No. 15.) ACCORDINGLY, it is ORDERED that Magistrate Judge Carter’s Report and Recommendation (Dkt. No. 15) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Commissioner’s determination is AFFIRMED; and it is further ORDERED that Plaintiff’s complaint (Dkt. No. 1) is DISMISSED. Dated: October 9, 2015 Syracuse, New York ____________________________________ Hon. Glenn T. Suddaby Chief, U.S. District Judge 2
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