HULTS v. COLVIN

No. 8:14-CV-535 (DNH/TWD).

JOSHUA D. HULTS, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

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

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (SSID)
Nature of Suit: 864 Social Security: SSID Tit. XVI
Source: PACER


Attorney(s) appearing for the Case

Joshua D. Hults, Plaintiff, represented by Stephen J. Mastaitis, Jr. , Office of Stephen J. Mastaitis, Jr..

Carolyn W. Colvin, Defendant, represented by Maria P. Fragassi Santangelo , Social Security Administration.


DECISION and ORDER

DAVID N. HURD, District Judge.

Plaintiff Joshua D. Hults filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying his claims for benefits under Title II and XVI of the Social Security Act. By Report-Recommendation dated September 9, 2016, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, recommended that defendant's motion to dismiss for lack of subject matter jurisdiction be granted and that the complaint be dismissed. 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

1. Defendant's motion to dismiss for lack of subject matter jurisdiction is GRANTED; and

2. Plaintiff's complaint is DISMISSED.

The Clerk of the Court shall enter judgment and close the case.

IT IS SO ORDERED.


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