Duncan v. Colvin

Duncan v. Colvin

Plaintiff:	Deanna R. Duncan
Defendant:	Carolyn W. Colvin
Case Number:	1:2013cv04717
Filed:	July 9, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Sullivan
Presiding Judge:	Kevin Nathaniel Fox
Presiding Judge:	Analisa Torres
Nature of Suit:	Social Security: RSI Tax Suits
Cause of Action:	42 U.S.C. § 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits
Jury Demanded By:	None

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Date Filed	Document Text
March 17, 2015	Filing 24 ORDER ADOPTING REPORT AND RECOMMENDATION for 23 Report and Recommendations, 15 Motion for Judgment on the Pleadings filed by Deanna R. Duncan, 19 Motion for Judgment on the Pleadings filed by Carolyn W. Colvin. On July 9, 2013, Plaintiff, Deanna R. Duncan, filed this action pursuant to 42 U.S.C. § 405(g) challenging the final decision of Defendant, Commissioner of Social Security, to deny her Supplemental Security Income and disability benefits. On August 1, 2013, the Court refer red the matter to Magistrate Judge Kevin Nathaniel Fox. On May 22, 2014, Plaintiff moved for judgment on the pleadings, and on December 12, 2014, Defendant cross-moved. After careful consideration, Judge Fox issued a Report and Recommendation (" R&R"), proposing that Defendant's motion for judgment on the pleadings be granted and Plaintiff's motion be denied. Despite notification of the right to object to the R&R, no objections were filed, and the time to do so has passed. See Fed. R. Civ. P. 72(b)(2). When no objection is made, the Court reviews the R&R for clear error. Santiago v. Colvin, 12 Civ. 7052, 2014 WL 1092967, at *1 (S.D.N.Y. Mar. 17, 2014). The Court finds no clear error. Accordingly, the Court ADOPTS Judge Fox's R&R in its entirety. The Clerk of Court is directed to terminate the motions at ECF Nos. 15 and 19 and close the case. SO ORDERED. (Signed by Judge Analisa Torres on 3/17/2015) (ajs)

Date Filed

Document Text

March 17, 2015

Filing 24 ORDER ADOPTING REPORT AND RECOMMENDATION for 23 Report and Recommendations, 15 Motion for Judgment on the Pleadings filed by Deanna R. Duncan, 19 Motion for Judgment on the Pleadings filed by Carolyn W. Colvin. On July 9, 2013, Plaintiff, Deanna R. Duncan, filed this action pursuant to 42 U.S.C. § 405(g) challenging the final decision of Defendant, Commissioner of Social Security, to deny her Supplemental Security Income and disability benefits. On August 1, 2013, the Court refer red the matter to Magistrate Judge Kevin Nathaniel Fox. On May 22, 2014, Plaintiff moved for judgment on the pleadings, and on December 12, 2014, Defendant cross-moved. After careful consideration, Judge Fox issued a Report and Recommendation (" R&R"), proposing that Defendant's motion for judgment on the pleadings be granted and Plaintiff's motion be denied. Despite notification of the right to object to the R&R, no objections were filed, and the time to do so has passed. See Fed. R. Civ. P. 72(b)(2). When no objection is made, the Court reviews the R&R for clear error. Santiago v. Colvin, 12 Civ. 7052, 2014 WL 1092967, at *1 (S.D.N.Y. Mar. 17, 2014). The Court finds no clear error. Accordingly, the Court ADOPTS Judge Fox's R&R in its entirety. The Clerk of Court is directed to terminate the motions at ECF Nos. 15 and 19 and close the case. SO ORDERED. (Signed by Judge Analisa Torres on 3/17/2015) (ajs)

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Plaintiff: Deanna R. Duncan
Represented By:	Gary James Gogerty
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Defendant: Carolyn W. Colvin
Represented By:	John E. Gura, Jr
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