Hutchins v. Commissioner of Social Security, No. 8:2008cv00943 - Document 13 (N.D.N.Y 2010)
Court Description: DECISION AND ORDER adopting 12 Report and Recommendations. Deft's motion for judgment on the pleadings is granted, Pltf's motion for judgment on the pleadings is denied, and the decision of the Commissioner is affirmed. Signed by Senior Judge Thomas J. McAvoy on 3/3/10. (sfp, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ REGINALD S. HUTCHINS, Plaintiff, vs. 08-CV-943 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ______________________________________________ Thomas J. McAvoy, Senior United States District Judge DECISION and ORDER This matter was referred to the Hon. Victor E. Bianchini, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. ยง 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. In a Report and Recommendation dated February 4, 2010 ( Report-Recommendation ), Magistrate Judge Bianchini recommended that Defendant s Motion for Judgment on the Pleadings be GRANTED, that Plaintiff s Motion for Judgment on the Pleadings be DENIED, and that the decision of the Commissioner be AFFIRMED. No objections to the Report and Recommendation have been lodged and the time for filing objections has expired. After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report and Recommendation for the reasons stated therein. Therefore, Defendant s Motion for Judgment on the Pleadings is GRANTED, Plaintiff s 1 Motion for Judgment on the Pleadings is DENIED, and the decision of the Commissioner is AFFIRMED. IT IS SO ORDERED. DatedMarch 3, 2010: 2
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