McMullen v. Commissioner of Social Security ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK RONALD M., Plaintiff, -against- 3:21-CV-677 (LEK/ATB) COMMISSIONER OF SOCIAL SECURITY, Defendant. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on March 30, 2022, by the Honorable Andrew T. Baxter, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. Dkt. No. 16. Within fourteen days after a party has been served with a copy of a magistrate judge’s report-recommendation, the party “may serve and file specific, written objections to the proposed findings and recommendations.” Fed. R. Civ. P. 72(b). “To accept the report and recommendation of a magistrate, to which no timely objection has been made, a district court need only satisfy itself that there is no clear error on the face of the record.” Urena v. People of State of New York, 160 F. Supp. 2d 606, 609–10 (S.D.N.Y. 2001) (quoting Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)). Clear error “is present when upon review of the entire record, the court is left with the definite and firm conviction that a mistake has been committed.” Rivera v. Federal Bureau of Prisons, 368 F.Supp.3d 741, 744 (S.D.N.Y. 2019). No objections have been raised in the allotted time with respect to the Report- Recommendation. See Dkt. After carefully examining the record, the Court has determined that the Report-Recommendation evinces no clear error or manifest injustice. Accordingly, it is hereby: ORDERED, that the Report-Recommendation (Dkt. No. 16) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Defendant’s motion to dismiss (Dkt. No. 14) is GRANTED; and it is further ORDERED, that Plaintiff's complaint (Dkt. No. 1) is DISMISSED; and it is further ORDERED, that the Clerk of the Court close this action; and it is further ORDERED, that the Clerk serve a copy of this Decision and Order on all parties in accordance with the Local Rules. IT ISSO ORDERED. DATED: January 20, 2023 Albany, New York LAWRENCE E. KAHN United States District Judge