Opinion
8:07-CV-116 (LEK/VEB).
May 5, 2009
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on March 31, 2009 by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. Report-Rec. (Dkt. No. 24). On April 8, 2009, the Court granted the Plaintiff's request for an extension of time to file objections to the Report-Recommendation. Letter Motion (Dkt. No. 26); Order (Dkt. No. 27). The Clerk has sent the entire file to the undersigned, including the objections by the Plaintiff, which were filed on May 1, 2009. Objections (Dkt. No. 28).
It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.
Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 24) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that the Commissioner's Motion for judgment on the pleadings is GRANTED; and it is further
ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.