Brown v. Commissioner of Social Security
Filing
29
ORDER ADOPTING REPORT AND RECOMMENDATION adopting 28 Report and Recommendations, 16 Motion for Judgment on the Pleadings filed by Knowledge R. Brown, 25 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. Despite the waiver, the Court has reviewed the petition and the Report and Recommendation, unguided by objections, and finds the Report and Recommendation to be well reasoned and grounded in fact and law. Accordingly, it is hereby ORDERED that the Report and Re commendation is ADOPTED in its entirety. The Commissioner's motion is GRANTED and Plaintiff's motion is DENIED. The Clerk of Court is directed to terminate Docket Nos. 16 and 25 and to close the case. (Signed by Judge Jesse M. Furman on 3/19/2014) (mro)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------ X
:
KNOWLEDGE R. BROWN,
:
:
Plaintiff,
:
:
-v:
:
COMMISSIONER OF SOCIAL SECURITY,
:
:
Defendant.
:
:
------------------------------------------------------------------------X
03/19/2014
13 Civ. 827 (JMF) (GWG)
ORDER ADOPTING
REPORT AND
RECOMMENDATION
JESSE M. FURMAN, United States District Judge:
This Social Security case was referred to Magistrate Judge Gabriel W. Gorenstein for a
Report and Recommendation. In a Report and Recommendation filed on February 28, 2014,
Magistrate Judge Gorenstein recommended that the Commissioner’s motion for judgment on the
pleadings be granted and that Plaintiff’s motion be denied. (Docket No. 28).
The Report and Recommendation advised the parties that they had fourteen days from
service of the Report and Recommendation to file any objections, and warned that failure to
timely file such objections would result in waiver of any right to object. In addition, it expressly
called Plaintiff’s attention to Rule 72 of the Federal Rules of Civil Procedure and Title 28,
United States Code, Section 636(b)(1). Nevertheless, as of the date of this Order, no objections
have been filed and no request for an extension of time to object has been made. Accordingly,
Plaintiff has waived the right to object to the Report and Recommendation or to obtain appellate
review. See Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); see also Caidor v. Onondaga
County, 517 F.3d 601 (2d Cir. 2008).
Despite the waiver, the Court has reviewed the petition and the Report and
Recommendation, unguided by objections, and finds the Report and Recommendation to be well
reasoned and grounded in fact and law. Accordingly, it is hereby ORDERED that the Report and
Recommendation is ADOPTED in its entirety. The Commissioner’s motion is GRANTED and
Plaintiff’s motion is DENIED.
The Clerk of Court is directed to terminate Docket Nos. 16 and 25 and to close the case.
SO ORDERED.
Dated: March 19, 2014
New York, New York
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?