Davis v. Astrue

Filing 29

ORDER ADOPTING REPORT & RECOMMENDATION re: 25 Report and Recommendations; 26 Motion for Judgment on the Pleadings filed by Robert A. Davis; 15 Motion for Judgment filed by Michael J. Astrue; 22 Motion for Judgment on the Pleadings filed by Mi chael J. Astrue; 9 Motion for Judgment on the Pleadings filed by Robert A. Davis. In the absence of any objection, and after full review of the Report and Recommendation, the Court adopts the Report and Recommendation in its entirety. Therefore, a nd for the reasons stated in the Report and Recommendation, the Court grants the Commissioner's motion for judgment on the pleadings and denies plaintiffs cross-motion for judgment on the pleadings. The Clerk of Court is directed to terminate the motions at ECF Nos. 9, 15, 22, and 26, and to close this case. (Signed by Judge Katherine B. Forrest on 7/8/2013) (mro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NE\V YORK
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USDC SD~Y
DOCUMENT
EtECTRONICALLY FILED
DOC#:
DA TE F-'L-ErDJ&It.-;-;~-=-O""X"B.-20-1-a

ROBERT A. DAVIS,
Plaintiff,

-vMICHAELJ. ASTRUE, Commissioner of Social
Security,

09 Civ. 4006 (KBF)
ORDER ADOPTING
REPORT &
RECOMMENDATION

Defendant.

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KATHERINE B. FORREST, District Judge:
On June 6, 2013, United States Magistrate Judge Lisa Margaret Smith,
issued a Report and Recommendation in the above-captioned matter recommending
the denial of plaintiff Robert A Davis's motion under Federal Rule of Civil
Procedure 12(c) for judgment on the pleadings, and the granting of defendant
Commissioner of Social Security's ("the Commissioner") Rule 12(c) motion.
Plaintiff has not filed any objection to the Report and Recommendation. For
that reason alone, plaintiff has waived any right to review by this Court.
Thomas v. Arn, 474 U.S. 140, 147-48 (1985); Mario v. P & C Food Markets, Inc., 313
-F.3d 758, 766 (2d Cir. 2002); Spence v. Superintendent, Great Meadow Corr.
Facility, 219 F.3d 162, 174 (2d Cir.2000).
In the absence of any objection, and after full review of the Report and
Recommendation, the Court adopts the Report and Recommendation in its entirety.
Therefore, and for the reasons stated in the Report and Recommendation, the Court

grants the Commissioner's motion for judgment on the pleadings and denies
plaintiffs cross-motion for judgment on the pleadings.
The Clerk of Court is directed to terminate the motions at ECF Nos. 9, 15, 22,
and 26, and to close this case.
SO ORDERED.

Dated:

New York, New York
July.2;2013
KATHERINE B. FORREST

United States District Judge

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