Kimbler v. Berryhill, No. 8:2018cv00236 - Document 28 (N.D.N.Y 2019)

Court Description: DECISION AND ORDER accepting and adopting # 27 Magistrate Judge Peebles' Report and Recommendation in its entirety; and Plaintiff's complaint is dismissed pursuant to Fed.F.Civ.P. 41(b). Signed by Chief Judge Glenn T. Suddaby on 5/8/19. (lmw) (Copy served upon pro se plaintiff at 11 Nightengale Drive, Plattsburgh, NY 12901-6110 and also at 55 Upton Road, Mooers, NY 12958 as possible current address)

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Kimbler v. Berryhill Doc. 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________________ SHEENA KIMBLER, Plaintiff, 8:18-CV-0236 (GTS/DEP) v. NANCY BERRYHILL, Comm’r of Soc. Sec., Defendant. _______________________________________________ APPEARANCES: OF COUNSEL: SHEENA KIMBLER Plaintiff, Pro Se Clinton County Jail 25 McCarthy Drive Plattsburgh, New York 12901 SOCIAL SECURITY ADMINISTRATION OFFICE OF REG’L GEN. COUNSEL–REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 PRASHANT TAMASKAR, ESQ. Special Assistant U.S. Attorney HON. GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER The above matter comes to this Court following a Report-Recommendation by Chief United States Magistrate Judge David E. Peebles, filed on April 9, 2019, recommending that Plaintiff’s Complaint in this action be dismissed pursuant to Fed. R. Civ. P. 41(b) for Plaintiff’s failure to prosecute and comply with the Court’s Orders and Local Rules of Practice. (Dkt. No. 27.) Objections to the Report-Recommendation have not been filed, and the time in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Peebles’ thorough Report-Recommendation, the Court can find no Dockets.Justia.com clear error in the Report-Recommendation.1 Magistrate Judge Peebles employed the proper legal standards, accurately recited the facts, and correctly applied the law to those facts. (Dkt. No. 27.) As a result, the Report-Recommendation is accepted and adopted in its entirety, and Plaintiff’s Complaint is dismissed pursuant to Fed. R. Civ. P. 41(b). ACCORDINGLY, it is ORDERED that Magistrate Judge Peebles’ Report-Recommendation (Dkt. No. 27) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED pursuant to Fed. R. Civ. P. 41(b). Dated: May 8, 2019 Syracuse, New York ____________________________________ Hon. Glenn T. Suddaby Chief U.S. District Judge 1 When no objection is made to a report-recommendation, the Court subjects that report-recommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When performing such a “clear error” review, “the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) (“I am permitted to adopt those sections of [a magistrate judge’s] report to which no specific objection is made, so long as those sections are not facially erroneous.”) (internal quotation marks omitted). 2

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