Opinion
5:09-CV-1232 (FJS/VEB)
05-08-2012
LESLIE J. JONES, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
McMAHON, KUBLICK & SMITH, P.C. Attorneys for Plaintiff OF COUNSEL JENNIFER GALE SMITH, ESQ. SOCIAL SECURITY ADMINISTRATION Office of Regional General Counsel Region II Attorneys for Defendant ANDREEA L. LECHLEITNER, ESQ.
APPEARANCES
McMAHON, KUBLICK & SMITH, P.C.
Attorneys for Plaintiff
OF COUNSEL
JENNIFER GALE SMITH, ESQ.
SOCIAL SECURITY ADMINISTRATION
Office of Regional General Counsel
Region II
Attorneys for Defendant
ANDREEA L. LECHLEITNER, ESQ.
SCULLIN, Senior Judge
ORDER
Currently before the Court is Magistrate Judge Bianchini's April 17, 2012 Report and Recommendation, in which he recommended that the Court deny Plaintiff's motion for judgment on the pleadings and grant Defendant's motion for judgment on the pleadings. See Dkt. No. 10. The parties did not file any objections to these recommendations.
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. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this review, "the Court may 'accept, reject, or modify in whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C. § 636(b)(1)(C)).
The Court has reviewed Magistrate Judge Bianchini's April 17, 2012 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Bianchini's April 17, 2012 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Plaintiff's motion for judgment on the pleadings is DENIED; and the Court further
ORDERS that Defendant's motion for judgment on the pleadings 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.
Dated: May 8, 2012
Syracuse, New York
___________
Frederick J. Scullin, Jr.
Senior United States District Court Judge