Givens v. Commissioner of Social Security

Filing 25

ORDER adopting 21 Report and Recommendations, 15 Motion for Judgment on the Pleadings, filed by Commissioner of Social Security. The Clerk of the Court is respectfully directed to enter judgment accordingly and to terminate the case. The Clerk of the Court is further requested to mail a copy of this Order to Plaintiff and to note service on the docket. (Signed by Judge Valerie E. Caproni on 8/19/2014) (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
FREDDY GIVENS, JR.,
:
:
Plaintiff,
:
:
-against:
:
CAROLYN W. COLVIN,
:
Acting Commissioner of Social Security,
:
Defendant. :
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 8/19/2014

13-CV-4763(VEC) (AJP)
ORDER

VALERIE CAPRONI, United States District Judge:
On due consideration, after review of Magistrate Judge Peck’s Corrected Report and
Recommendation dated April 14, 2014 (the “R&R”), no party having objected, the time for
objecting having expired, and no clear error appearing on the face of the record, the R&R is
approved and adopted.
Plaintiff sent a “notice of motion” and affirmation, dated July 27, 2013, to the U.S.
Attorney’s Office for the Southern District of New York in late June 2014. The U.S. Attorney’s
Office forwarded the document to the Court on June 26, 2014. That document, which was
apparently written before the issuance of the R&R, asserts that the Plaintiff is entitled to
disability because he worked for 27 years and has pain in his right eye. Additionally, the
document states that Plaintiff has “right eye pain with glaucoma & cataract.”
The document does not contain any objection to the R&R, was not timely served or filed
pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, and
was correctly denied by Magistrate Judge Peck. In terms of substance, Magistrate Judge Peck’s
R&R correctly considered and rejected Plaintiff’s argument regarding his work history and pain
in his right eye. If Plaintiff intended to inform the Court that he now has glaucoma and a cataract

in the right eye, that change in medical condition could justify Givens’ filing a new application
for disability and social security benefits, but it is not relevant to the time period at issue in this
appeal.
The Clerk of the Court is respectfully directed to enter judgment accordingly and to
terminate the case. The Clerk of the Court is further requested to mail a copy of this Order to
Plaintiff and to note service on the docket.

SO ORDERED.
_________________________________
__________________________
_
CAPRONI
VALERIE CAPRONI
N
United States District Judge

Date: August 19, 2014
New York, NY

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