DeJesus v. Commissioner of Social Security

Filing 12

ORDER: Adopting REPORT AND RECOMMENDATIONS re: 11 Report and Recommendations. Objections to Judge Pitman's R&R were due by March 17, 2017. See Dkt. No. 11 at 11. As of May 16, 2017, no objections have been filed. The Court thus reviews the R &R for clear error, and finds none. The Court therefore adopts the R&R in its entirety and GRANTS Defendant's motion to dismiss on the grounds described by Judge Pitman. SO ORDERED. Motions terminated: 6 MOTION to Dismiss filed by Commissioner of Social Security. (Signed by Judge Alison J. Nathan on 5/17/2017) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Nancy M. DeJesus,

Plaintiff,
15 Civ. 4211 (AJN)(HBP)

-vORDER
Commissioner of Social Security,

Defendant.

ALISON J. NATHAN, District Judge:
Before the Court is Judge Pitman's Report & Recommendation ("R & R") recommending
that the Court grant the Defendant's motion to dismiss plaintiffs complaint on the ground that it
is untimely. See Dkt. No. 11.
When considering the findings and recommendations of a magistrate judge, the Court
may "accept, reject, or modify [them], in whole or in part." 28 U.S.C. § 636(b) (1). The Court
must make a de nova determination of any portions of a magistrate's report or findings 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 R & R. Brennan v. Colvin, No. 13-CV-6338 (AJN) (RLE), 2015
WL 1402204, at * 1 (S.D.N. Y. Mar. 25, 2015); see also Hicks v. Ercole, No. 09-cv-2531 (AJN)

(MHD), 2015 WL 1266800, at *1 (S.D.N.Y. Mar. 18, 2015); Gomez v. Brown, 655 F.Supp.2d
332, 341 (S.D.N.Y. 2009). Clear error is found only when, upon review of the entire record, the
Court is left with "the definite and firm conviction that a mistake has been committed." Laster v.

Mancini, No. 07-CV-8265 (DAB) (MHD), 2013 WL 5405468, at *2 (S.D.N.Y. Sept. 25, 2013)
(quoting United States v. Snow, 462 F.3d 55, 72 (2d Cir. 2006)).
Objections to Judge Pitman's R & R were due by March 17, 2017. See Dkt. No. 11 at 11.
As of May 16, 2017, no objections have been filed. The Court thus reviews the R & R for clear
error, and finds none. The Comi therefore adopts the R & R in its entirety and GRANTS
Defendant's motion to dismiss on the grounds described by Judge Pitman.

SO ORDERED.

Dated: May

l!_, 2017

New York, New York

ALISON J. NATHAN
United States District Judge

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