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Phillips v. Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 23, 2009

JERRY PHILLIPS PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff brought this action seeking judicial review of a determination of the Commissioner of Social Security finding that he was not disabled within the meaning of the Social Security Act. By Report and Recommendation dated January 28, 2009, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that the defendant's motion for judgment on the pleadings be granted, the Commissioner's finding of no disability be affirmed, and plaintiff's complaint be dismissed in its entirety. No objections were filed.

Based upon a careful review of entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that

1. The defendant's motion for judgment on the pleadings is GRANTED;

2. The Commissioner's finding of no disability is AFFIRMED;

3. Plaintiff's complaint is DISMISSED in its entirety; and

4. The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.

20090223

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