Cole v. Commissioner of Social Security

Filing 25

ORDER: As no objections to the Report were filed, the Court has reviewed Judge Fox's well reasoned Report for clear error. After careful review of the record and exhibits submitted with the complaint, the Court finds no error and thus adopts t he Report in its entirety. It is therefore ordered that the Commissioner's motion for judgment on the pleadings 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)

USDC-SDNY
DOCUMENT
ELECTRO NI CALLY FILED
DOC#:
DATE FILED: 4/11/2016

UNITED STA TES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

GINA COLE,
Plaintiff,
No. 15-CV-0298 (RA)
v.

ORDER
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

RONNIE ABRAMS, United States District Judge:
On January 15, 2015, Plaintiff Gina Cole, who is proceeding prose, filed a complaint
appealing the decision of the Commissioner of Social Security to deny her application for
supplemental security income benefits.

The case was referred to Magistrate Judge Kevin

Nathaniel Fox for a report and recommendation. On September 15, 2015, Judge Fox issued a
report and recommendation (the "Report") recommending that the Commissioner's motion for
judgment on the pleadings 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]ithin 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. Corium Health Services, No. 14-CV-8839 (GBD), 2015 WL 6123563, at* 1 (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.~p.,

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 Fox's wellreasoned Report for clear error. After careful review of the record and exhibits submitted with the
complaint, the Court finds no error and thus adopts the Report in its entirety. 1 It is therefore
ordered that the Commissioner's motion for judgment on the pleadings is granted. The Clerk of
Court is respectfully directed to close this case.
SO ORDERED.
Dated:

April 11,2016
New York, New York

/

/
_J/_.Affr~a~~s~~~~~
~~~States District Judge

1

The Court notes that some of the additional evidence submitted by Plaintiff--both with her appeal to the
Social Security Appeals Counsel and with her complaint--relates to her alleged medical conditions after the
Administrative Law Judge determined she was not entitled to benefits. Although such evidence does not necessitate
remand, it may provide a basis for Plaintiff to reapply for benefits. See Felix v. Astrue. No. l l-CV-3697 (KAM),
2012 WL 3043203, at* 13 (E.D.N.Y. July 24, 2012) (collecting cases).