Jones v. Commissioner of Social Security

Filing 21

ORDER: As no objections to the Report were filed, the Court has reviewed Judge Maas's well reasoned Report for clear error. After careful review of the record, the Court finds none and thus adopts the Report in its entirety. It is therefore ordered that the Commissioner's motion to dismiss is granted. The Clerk of Court is respectfully directed to close this case. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 4/11/2016) (cf)

UNITED ST A TES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 4111/2016

JIMMY M. JONES,
Plaintiff,
No. 13-CV-7379 (RA)
v.

ORDER
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

RONNIE ABRAMS, United States District Judge:
On October 17, 2013, Plaintiff Jimmy M. Jones, who is proceeding prose, filed a complaint
appealing the decision of the Commissioner of Social Security to deny her application for a period
of disability insurance and supplemental security income benefits.

The case was referred to

Magistrate Judge Frank Maas for a report and recommendation. On August 6, 2015, Judge Maas
issued a report and recommendation (the "Report") recommending that the Commissioner's
motion to dismiss be granted. Neither party filed objections to the Report.
A district 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)(l). Parties may object to a
magistrate judge's recommended findings ·'[w Ji thin 14 days after being served with a copy of the
recommended disposition.'' Fed. R. Civ. P. 72(b)(2). ""When the parties make no objections to the
Report, the Court may adopt the Report if 'there is no clear error on the face of the record.'" Smith

v. Corizon Health Services, No. 14-CV-8839 (GBD), 2015 WL 6123563, at *l (S.D.N.Y. Oct. 16,
2015) (quoting Adee Motor Cars, LLC v. Amato, 388 F. Supp. 2d 250, 253 (S.D.N.Y. 2005)).
·'furthermore, if as here ... the magistrate judge's report states that failure to object will preclude
appellate review and no objection is made within the allotted time, then the failure to object

generally operates as a waiver of the right to appellate review. As long as adequate notice is
provided, the rule also applies to prose parties.'' Hamilton v. Mount Sinai Ho.w. 331 F. App'x
874. 875 (2d Cir. 2009) (internal citations omitted).
As no objections to the Report were filed, the Court has reviewed Judge Maas's wellreasoned Report for clear error. After careful review of the record, the Court finds none and thus
adopts the Report in its entirety. It is therefore ordered that the Commissioner's motion to dismiss
is granted. The Clerk of Court is respectfully directed to close this case.
SO ORDERED.
Dated:

April 11, 2016
New York, New York
\

I

RprihieAbrams
United States District Judge