From Casetext: Smarter Legal Research

Taylor v. Astrue

United States District Court, N.D. New York
Aug 18, 2008
3:05-CV-1444 (LEK/DEP) (N.D.N.Y. Aug. 18, 2008)

Opinion

3:05-CV-1444 (LEK/DEP).

August 18, 2008


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on June 10, 2008 by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 8). After ten days from the service thereof, the Clerk sent the entire file to the undersigned, including the objections by Nicole T. Taylor, which were filed on June 24, 2008. Objection (Dkt. No. 9).

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. 8) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the defendant's motion for judgment on the pleadings be GRANTED and the Commissioner's determination of no disability AFFIRMED, and plaintiff's complaint (Dkt. No. 1) is DISMISSED in all respects.

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.


Summaries of

Taylor v. Astrue

United States District Court, N.D. New York
Aug 18, 2008
3:05-CV-1444 (LEK/DEP) (N.D.N.Y. Aug. 18, 2008)
Case details for

Taylor v. Astrue

Case Details

Full title:NICOLE T. TAYLOR, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the…

Court:United States District Court, N.D. New York

Date published: Aug 18, 2008

Citations

3:05-CV-1444 (LEK/DEP) (N.D.N.Y. Aug. 18, 2008)

Citing Cases

Walters v. Astrue

Moreover, the ALJ is not obligated to recontact treating physicians when the record contains no critical gaps…

Owens v. Astrue

Such a conclusion provides a proper basis under SSR 96-2p for rejecting a treating physician's conclusion.…