Opinion
8:15-CV-1314 (DNH/ATB)
12-09-2015
ANDRE LEVESQUE, Plaintiff, v. USA DEP'T OF SOCIAL SECURITY ADMINISTRATION, Defendant.
APPEARANCES: ANDRE LEVESQUE, plaintiff pro se
APPEARANCES: ANDRE LEVESQUE, plaintiff pro se DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Andre Levesque filed a complaint, together with an application to proceed in forma pauperis, a motion for appointment of counsel, and a "Motion to Reopen Case." The court has surmised that plaintiff seeks to challenge the termination of his disability benefits and the assessment of an overpayment in social security benefits. By Report-Recommendation dated November 17, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that the action be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). No objections to the Report-Recommendation have been filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore,
it is ORDERED that
Plaintiff's complaint is DISMISSED without prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for lack of jurisdiction and failure to state a claim.
The Clerk of the Court shall enter judgment and close the case.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: December 9, 2015
Utica, New York