Merchant v. Commissioner of Social Security
Merchant v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YOR ___________________________________________
RUTH M.,
Plaintiff,
v. 6:22-CV-143 (FJS/DEP) COMMISSIONER OF SOCIAL SECURITY,
Defendant. _____________________________________________
APPEARANCES OF COUNSEL
OFFICE OF PETER W. ANTONOWICZ PETER W. ANTONOWICZ, ESQ. 148 West Dominick Street Rome, New York 13440 Attorneys for Plaintiff
SOCIAL SECURITY ADMINISTRATION FERGUS J. KAISER, ESQ. OFFICE OF GENERAL COUNSEL CHRISTOPHER L. POTTER, ESQ. 6401 Security Boulevard Baltimore, Maryland 21235 Attorneys for Defendant
SCULLIN, Senior Judge
ORDER
Plaintiff brought this action pursuant to
42 U.S.C. § 405(g) seeking review of Defendant's final decision that she was not disabled. See Dkt. No. 1. The parties filed motions for judgment on the pleadings on July 29, 2022, and September 9, 2022. See Dkt. No. 12 (Plaintiff's motion); Dkt. No. 13 (Defendant's motion). Magistrate Judge Peebles issued a Report and Recommendation on November 15, 2022, see Dkt. No. 16, to which neither party filed any objections. In his Report and Recommendation, Magistrate Judge Peebles recommended that the Court (1) grant Defendant's motion for judgment on the pleadings, see Dkt. No. 13, (2) deny Plaintiff's motion for judgment on the pleadings, see Dkt. No. 12, and (3) dismiss Plaintiff's complaint. When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice." Young v. Polizzi, No. 9:16-CV-660,
2018 WL 3949942, *1 (N.D.N.Y. Aug. 16, 2018) (quoting Ward v. Lee, No. 9:16- CV-1224,
2018 WL 3574872, *1 (N.D.N.Y. July 25, 2018) (citation omitted)). "After conducting this review, "the Court may ‘accept, reject, or modify, in whole or in part, the... recommendations made by the magistrate judge.""" Jd. (quotation omitted). The Court has reviewed Magistrate Judge Peebles' November 15, 2022 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Peebles’ November 15, 2022 Report and Recommendation, see Dkt. No. 16, is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Plaintiff's motion for judgment on the pleadings, see Dkt. No. 12, is DENIED; and the Court further ORDERS that Defendant's motion for judgment on the pleadings, see Dkt. No. 13, is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and close this case. IT IS SO ORDERED. oe Aapfctrblisn. Freder&k J.&cullin, Jr. Dated: December 19, 2022 Senior United States District Judge Syracuse, New York
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Reference
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