Lieber Pasarell v. Astrue

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION adopting 22 Report and Recommendations granting 16 Motion for Judgment on the Pleadings filed by Michael J. Astrue; denying 9 Motion for Judgment on the Pleadings filed by Jill Ann Lieber Pasarell. Sinc e no party filed a timely objection to the Report, the Court reviews it for clear error. After a careful review of the Report, the Court is satisfied that the Report contains no clear error on the face of the record. Accordingly, the Court hereby ado pts the Report's recommendation in its entirety. Defendant's motion for judgment on the pleadings (Dkt. No. 16) is hereby GRANTED, and Plaintiffs motion for judgment on the pleadings (Dkt. No.9) is hereby DENIED. The Clerk of Court is directed to enter judgment accordingly and to close this case. (Signed by Judge J. Paul Oetken on 8/27/2013) (ft)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

--------------------------------------------------------------)(
JILL ANN LIEBER P ASARELL,
12 Civ. 6232 (JPO)(JCF)

Plaintiff,

ORDER ADOPTING
REPORT AND
RECOMMENDATION

-v-

CAROLYN W. COLVIN,
Acting Commissioner
of Social Security.
Defendant.
------------------------------------------------------~-----1. PAUL OETKEN, District Judge.

)(

Plaintiff Jill Ann Lieber Pasarell brings this action pursuant to section 405(g) of the
Social Security Act, 42 U.S.C. § 405(g). Pasarell seeks review of a determination by the
Commissioner of the Social Security Administration ("the Commissioner"), who affinned a
decision by an Administrative Law Judge ("ALJ") detennining that Pasarell was not entitled to
disability insurance benefits or Supplemental Security Income ("SSI"). Each party submitted
motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil
Procedure. After reviewing the administrative record and the parties' submissions, Magistrate
Judge James C. Francis IV issued a Report and Recommendation ("the Report"), recommending
that the Commissioner's motion be granted and Plaintiffs motion be denied. No objection to the
Report has been filed .
When reviewing a report and recommendation, the Court "may accept, reject, or modify,
in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. §
636(b)(I)(C). "To accept the report and recommendation ofa magistrate, to which no timely
objection has been made, a district court need only satisfy itself that there is no clear error on the
face of the record." Wilds v. United Parcel Service, Inc., 262 F. Supp. 2d 163, 169 (S.D.N.Y.
2003) (internal citations and quotation marks omitted). If a party fails to make a timely objection

to a report, that party waives their right to 0 bj ect and appellate review of the district court's
decision adopting the report, absent unusual circumstances, is precluded. See United States v.

Male Juvenile, 121 F.3d 34, 38 (2d Cir.1997).
Since no party filed a timely objection to the Report, the Court reviews it for clear error.
After a careful review of the Report, the Court is satisfied that the Report contains no clear error
on the face of the record. Accordingly, the Court hereby adopts the Report's recommendation in
its entirety. Defendant's motion for judgment on the pleadings (Dkt. No. 16) is hereby
GRANTED, and Plaintiffs motion for judgment on the pleadings (Dkt. No.9) is hereby
DENIED. The Clerk of Court is directed to enter judgment accordingly and to close this case.
SO ORDERED.
Dated: New York, New York
August 27,2013

~
United States District Judge

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