Acevedo v. Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Southern District Acevedo v. Commissioner of Social Security

Acevedo v. Commissioner of Social Security

Plaintiff:	Felix Acevedo
Defendant:	Commissioner of Social Security
Case Number:	1:2018cv00034
Filed:	January 2, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Kevin Nathaniel Fox
Presiding Judge:	Laura Taylor Swain
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
November 27, 2018	Filing 15 ORDER. The Court has reviewed Magistrate Judge Kevin Nathaniel Fox's November 8, 2018, Report and Recommendation (the "Report") (docket entry no. 14), which recommends that the Court grant Defendant Commissioner of Social Security' ;s motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure (docket entry no. 12). No objections to the Report have been received. In reviewing a report and recommendation, a district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate [judge]." 28 U.S.C.S. § 636(b)(1)(C) (LexisNexis 2017). "In a case such as this one, where no timely objection has been made, a district co urt need only satisfy itself that there is no clear error on the face of the record." Johnson v. New York University School of Education, No. 00 Civ. 8117, at *1, 2003 WL 21433443 (S.D.N.Y. June 16, 2003). The Court has reviewed carefully Magist rate Judge Fox's thorough and well-reasoned Report and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. The Clerk of Court is respectfully requested to enter judgment accordingly and clo se this case. This Order resolves docket entry no. 12. SO ORDERED. Re 12 Motion for Judgment on the Pleadings filed by Commissioner of Social Security, 14 Report and Recommendation. (Signed by Judge Laura Taylor Swain on 11/27/2018) Copies Mailed By Chambers. (rjm). Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

November 27, 2018

Filing 15 ORDER. The Court has reviewed Magistrate Judge Kevin Nathaniel Fox's November 8, 2018, Report and Recommendation (the "Report") (docket entry no. 14), which recommends that the Court grant Defendant Commissioner of Social Security' ;s motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure (docket entry no. 12). No objections to the Report have been received. In reviewing a report and recommendation, a district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate [judge]." 28 U.S.C.S. § 636(b)(1)(C) (LexisNexis 2017). "In a case such as this one, where no timely objection has been made, a district co urt need only satisfy itself that there is no clear error on the face of the record." Johnson v. New York University School of Education, No. 00 Civ. 8117, at *1, 2003 WL 21433443 (S.D.N.Y. June 16, 2003). The Court has reviewed carefully Magist rate Judge Fox's thorough and well-reasoned Report and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. The Clerk of Court is respectfully requested to enter judgment accordingly and clo se this case. This Order resolves docket entry no. 12. SO ORDERED. Re 12 Motion for Judgment on the Pleadings filed by Commissioner of Social Security, 14 Report and Recommendation. (Signed by Judge Laura Taylor Swain on 11/27/2018) Copies Mailed By Chambers. (rjm). Transmission to Orders and Judgments Clerk for processing.

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Plaintiff: Felix Acevedo
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Defendant: Commissioner of Social Security
Represented By:	Joseph Anthony Pantoja
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