Petell v. Commissioner of Social Security

Filing 17

ORDERED, that the Report-Recommendation (Dkt. No. 26) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED, that the Social Security Administrations decision is AFFIRMED. Signed by Senior Judge Lawrence E. Kahn on March 21, 2014. (sas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
FREDERICK PAUL PETELL, JR.,
Plaintiff,
-against-

7:12-CV-1596 (LEK/CFH)

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
___________________________________
ORDER
This is an action for judicial review of the Social Security Administration’s (“SSA”)
decision denying Plaintiff Frederick Paul Petell, Jr. (“Plaintiff”) disability benefits. The matter
comes before the Court following a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and
Local Rule 72.3 filed on February 28, 2014, by the Honorable Christian F. Hummel, U.S. Magistrate
Judge, affirming the SSA’s decision. Dkt. No. 26 (“Report-Recommendation”).
Within fourteen days after a party has been served with a copy of a magistrate judge’s reportrecommendation, the party “may serve and file specific, written objections to the proposed findings
and recommendations.” FED. R. CIV. P. 72(b); L.R. 72.1(c). “If no objections are filed . . .
reviewing courts should review a report and recommendation for clear error.” Edwards v. Fischer,
414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006); see also Cephas v. Nash, 328 F.3d 98, 107 (2d Cir.
2003) (“As a rule, a party’s failure to object to any purported error or omission in a magistrate
judge’s report waives further judicial review of the point.”); Farid v. Bouey, 554 F. Supp. 2d 301,
306 (N.D.N.Y. 2008).
No objections to the Report-Recommendation were filed within the allotted time period.

See generally Docket. The Court has conducted a thorough review of the record and the ReportRecommendation and finds no clear error.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 26) is ACCEPTED and
ADOPTED in its entirety; and it is further
ORDERED, that the Social Security Administration’s decision is AFFIRMED; and it is
further
ORDERED, that the Clerk of the Court serve a copy of this Order on all parties in
accordance with the Local Rules.
IT IS SO ORDERED.
DATED:

March 21, 2014
Albany, New York

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