Guilbe v. Commissioner of Social Security

Filing 27

ORDER ADOPTING REPORT & RECOMMENDATIONS for 23 Motion for Judgment on the Pleadings filed by Commissioner of Social Security, 26 Report and Recommendations. Accordingly, the Report and Recommendation is ADOPTED in its entirety. Defendant� 39;s motion for judgment on the pleadings is hereby GRANTED and this action is dismissed. The Clerk of Court is directed to close the motions at Docket Number 23, and to close the case. (Signed by Judge J. Paul Oetken on 3/31/2015) Copies Mailed By Chambers. (kko)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JUAN GUILBE,
:
:
Plaintiff,
:
:
:
-v:
CAROLYN W. COLVIN, Acting Commissioner :
of Social Security,
:
:
Defendant. :
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13-CV-6725 (JPO)
ORDER
ADOPTING REPORT &
RECOMMENDATION

J. PAUL OETKEN, District Judge:
Plaintiff Juan Carlos Guilbe, proceeding pro se, brings this action under the Social
Security Act, 42 U.S.C. §§ 405(g) and 1383(c)(3), challenging a final decision of the
Commissioner of Social Security denying his application for disability benefits. On September
4, 2014, Defendant moved for judgment on the pleadings. (Dkt. No. 23.) Plaintiff did not
respond to Defendant’s motion, and the case was referred to Magistrate Judge Ronald L. Ellis for
a report and recommendation. Before the Court is Magistrate Judge Ellis’s March 12, 2015
Report and Recommendation, which recommends that judgment on the pleadings be granted in
favor of Defendant. (Dkt. No. 26 at 26.)
A district court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by a magistrate judge.” 28 U.S.C. § 636(b)(1). “The Court must make a
de novo determination of any portions of a magistrate’s report . . . to which a party raises an
objection, and reviews only for clear error on the face of the record when there are no objections
to the [report].” Brennan v. Colvin, No. 13 Civ. 6338 (AJN) (RLE), 2015 WL 1402204, at *1
(S.D.N.Y. Mar. 25, 2015) (internal quotation marks and italics omitted).

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Federal Rule of Civil Procedure 72 gives the parties fourteen days from the service of the
Report and Recommendation to file written objections. Although these fourteen days have
passed, neither party has filed an objection. The Court has reviewed Judge Ellis’s thorough and
well-reasoned Report and Recommendation for clear error and has found none.
Accordingly, the Report and Recommendation is ADOPTED in its entirety. Defendant’s
motion for judgment on the pleadings is hereby GRANTED and this action is dismissed.
The Clerk of Court is directed to close the motions at Docket Number 23, and to close the
case.
SO ORDERED.
Dated: March 31, 2015
New York, New York

____________________________________
J. PAUL OETKEN
United States District Judge

A copy of this Opinion and Order was mailed to the pro se party.

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