Burwell v. Commissioner of Social Security
ORDER ADOPTING REPORT AND RECOMMENDATION for 21 Motion to Remand to Agency filed by Commissioner of Social Security. As of the date of this Order, the Court has not received any objections to the R&R. Thus, the Court reviews the R&R for clear error . Having found none, the Court hereby adopts the 25 R&R in full. Defendant's motion to remand this matter to the SSA for further consideration is GRANTED. The Clerk of Court is directed to enter judgment accordingly and to close this case. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/22/2013) Copies Mailed By Chambers. (rsh)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EDWIN R. BURWELL,
DATE FILED: Aprillf....lQl}
12 Civ. 2462 (PAC) (MHD)
MICHAEL J. ASTRUE, Commissioner of
ORDER ADOPTING REPORT
HONORABLE PAUL A. CROTTY, United States District Judge:
On March 30, 2012, PIQ se Plaintiff Edwin Burwell l filed a Complaint pursuant to 42
US.c. § 405(g) challenging the Social Security Administration's ("SSA") denial of his
application for disability insurance benefits . On May 4, 2012, the Court referred the matter to
Magistrate Judge Michael Dolinger. Plaintiff fil ed an Amended Complaint on July 2,2012. On
September 17,20 12, Defendant fil ed an answer and materials from the administrative record of
proceedings before the SSA. Defendant moved to remand the matter to the SSA on December 5,
20 12. Plaintiffs letter, dated November 28,2012 (and entered on the docket December 10,
2012), opposed remand, but Plaintiff did not formally respond to Defendant's motion. On
January 18, 2013, Magistrate Judge Dolinger issued a Report and Recommendation ("R&R")
that Defendant's motion to remand the cas e for further consideration by the SSA be granted.
(ECF No. 25.)
The Court may "accept, reject, or modify, in who le or in part, the findings or
recommendations made by the magistrate judge." 28 U.S.c. § 636(b)(l). The Court ma y adopt
those portions of the R&R to which no timely objection has been made, so long as there is no
clear error on the face of the record . Wilds v. United Parcel Serv., Inc. , 262 F . Stipp. 2d 163 , 169
(S .D.N. Y. 2003). After being served with a cop y of the magistrate judge's recommended
The Report and Recommendation incorrectl y refers to Plaintiff as "Erwin."
disposition, a party has fourteen days to file specific written objections to the proposed findIngs
and recommendations. 28 U.S.c. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). Failure to file timely
objections to a report and recommendation results in waiver of those objections. See Thom as v.
Am, 474 US. 140,155 (1985).
As of the date of this Order, the Court has not received any objections to the R&R . T hus,
the Court reviews the R&R for clear error. Having found none, the Court hereby adopts the
R&R in full. Defendant's motion to remand thi s matter to the SSA for further consideration is
GRANTED. The C lerk of Court is directed to enter judgment accordingly and to close this case.
Dated: New York, New York
April l2, 2013
PAUL A CROTTY
United States District Judge
Copies mailed by chambers to:
Mr. Edwin Ramon Burwell
P.O. Box 157
Henderson , NC 27536
Mr. Edwin Ramon Burwell
16 East I 16th Street, #3A
New York, NY 10029
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