Summary
holding that the court lacked subject matter jurisdiction because the plaintiff filed her complaint only seven days after the ALJ's decision and she therefore did not give the Appeals Council the opportunity to potentially assume jurisdiction
Summary of this case from Hatcher v. SaulOpinion
Civil Action No. 8:07-cv-928 (GLS/GHL).
February 4, 2008
FOR THE PLAINTIFF:, OFFICE OF MARK A. SCHNEIDER, Plattsburgh, New York, OF COUNSEL:, MARK A. SCHNEIDER, ESQ.
FOR THE DEFENDANT:, HON. GLENN T. SUDDABY, United States Attorney for the Norther District of New York, Syracuse, New York, KAREN T. CALLAHAN, Special Assistant U.S. Attorney.
ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge George H. Lowe, duly filed on December 27, 2007. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge George H. Lowe filed December 27, 2007 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED, that the complaint is DISMISSED under Federal Rule of Civil Procedure 12(b)(1), and it is further
ORDERED, that the clerk enter judgment in favor of the defendant, and it is further
ORDERED, that the Clerk serve a copy of this order on all parties by regular mail.
IT IS SO ORDERED