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Schmidtmann v. Commissioner of Social Security

United States District Court, Northern District of New York

March 20, 2015

DONALD SCHMIDTMANN, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

DECISION & ORDER

THOMAS J. McAVOY, Senior United States District Judge

This matter was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. In a Report-Recommendation dated February 26, 2015, Magistrate Judge Baxter recommended that the decision of the Commissioner be affirmed, and the plaintiff’s complaint be dismissed. [Dkt. # 18]. No objections to the Report -Recommendation have been lodged and the time for filing objections has expired.

CONCLUSION

After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Therefore, the Court ADOPTS the Report-Recommendation [dkt. # 18] for the reasons stated therein. The decision of the Commissioner is AFFIRMED, and the plaintiff's complaint is

DISMISSED.

IT IS SO ORDERED.


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