Hults v. Colvin, No. 8:2014cv00535 - Document 14 (N.D.N.Y 2017)

Court Description: DECISION and ORDER granting 11 Motion to Dismiss; adopting Report and Recommendations re 13 Report and Recommendations. 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 for lack of subject matter jurisdiction is GRANTED; and 2. Plaintiff's complaint is DISMISSED. IT IS SO ORDERED. Signed by Judge David N. Hurd on 4/17/2017. (khr)
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Hults v. Colvin Doc. 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JOSHUA D. HULTS, Plaintiff, -v- 8:14-CV-535 (DNH/TWD) CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. -------------------------------APPEARANCES: OF COUNSEL: OFFICE OF STEPHEN J. MASTAITIS, JR. Attorney for Plaintiff 1412 Route 9P Saratoga Springs, NY 12866 STEPHEN J. MASTAITIS, JR., ESQ. SOCIAL SECURITY ADMINISTRATION Attorneys for Defendant Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, NY 10278 MARIA P. FRAGASSI SANTANGELO, ESQ. Special Ass't U.S. Attorney DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Joshua D. Hults filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying his claims for benefits under Title II and XVI of the Social Security Act. By Report-Recommendation dated September 9, 2016, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, recommended that Dockets.Justia.com defendant's motion to dismiss for lack of subject matter jurisdiction be granted and that the 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 for lack of subject matter jurisdiction is GRANTED; and 2. Plaintiff's complaint is DISMISSED. The Clerk of the Court shall enter judgment and close the case. IT IS SO ORDERED. Dated: April 17, 2017 Utica, New York. -2-