Littlefield v. Colvin

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 37 Report and Recommendations. Accordingly, Plaintiff's motion for judgment on the pleadings is granted, Defendant's motion for judgment on the pleadings is denied, and this action is remanded, as provided in the Report, for further administrative proceedings. The Clerk of Court is respectfully directed to terminate the motions pending at Docket Entries 32 and 34. (Signed by Judge Ronnie Abrams on 9/21/2017) (rj)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 09/21/2017

LASHONDA D. LITTLEFIELD,
Plaintiff,
V.

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

No. 15-CV-9640 (RA)
ORDER ADOPTING
REPORT & RECOMMENDATION

Defendant.

RONNIE ABRAMS, United States District Judge:
Plaintiff Lashonda D. Littlefield brings this action pursuant to 42 U.S.C. § 405(g), seeking
judicial review of the Commissioner of Social Security's decision denying her application for
disability insurance benefits.

Before the Court is the August 31, 201 7 71-page Report and

Recommendation of the Hon. Debra Freeman (the "Report"), which recommends granting
Plaintiff's motion for judgment on the pleadings, denying the Commissioner's cross-motion for
judgment on the pleadings, and remanding this action for further administrative proceedings. See
R. & R. (Dkt. 37).
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). "The district court may adopt those portions
of a report and recommendation to which no timely objections have been made, provided no clear
error is apparent from the face of the record." Hancock v. Rivera, No. 09-CV-7233 (CS) (GAY),
2012 WL 3089292, at *1 (S.D.N.Y. July 30, 2012) (internal citation omitted).

Neither party has objected to Judge Freeman's thorough and well-reasoned Report. The
Court thus reviews the Report for clear error and, finding none, adopts the Report in its entirety.
Accordingly, Plaintiffs motion for judgment on the pleadings is granted, Defendant's motion for
judgment on the pleadings is denied, and this action is remanded, as provided in the Report, for
further administrative proceedings.
The Clerk of Court is respectfully directed to terminate the motions pending at Docket
Entries 32 and 34.
SO ORDERED.

1
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Dated:

September 21, 2011
New York, New York