Ferreira v. Commissioner of Social Security
Filing
29
ORDER ADOPTING REPORT AND RECOMMENDATION for 28 Report and Recommendation, 21 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. As there were no objections, the Court has reviewed Judge Peck'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 the 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 terminate the motion pending at docket entry twenty-one and to close the case. (Signed by Judge Ronnie Abrams on 10/27/2017) (ras)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: I~/ 2 l /11
ULISE FERREIRA,
Plaintiff,
V.
COMMISSIONER OF SOCIAL SECURITY,
No. 16-CV-6772 (RA)
ORDER ADOPTING REPORT AND
RECOMMENDATION
Defendant.
RONNIE ABRAMS, United States District Judge:
On August 29, 2016, Plaintiff Ulise Ferreira, who is proceeding prose, filed a Complaint
challenging the decision of the Commissioner of Social Security denying his application for
supplemental security income. Dkt. 2. On March 8, 2017, the Commissioner filed a motion for
judgment on the pleadings. Dkt. 21. Plaintiff never responded to the motion. Before the Court is
the Report and Recommendation (the "Report") of the Hon. Andrew Peck, which recommends
granting the Commissioner's motion for judgment on the pleadings. Dkt. 28. 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. ยง 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. Corizon Health Servs., 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 Hosp., 331 F. App'x
874, 875 (2d Cir. 2009) (citations omitted).
As there were no objections, the Court has reviewed Judge Peck'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 the 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 terminate the motion pending at docket entry twenty-one and to close the
case.
SO ORDERED.
Dated:
'October 27, 2017
New York, New York
Ro ieAbrams
Uni ed States District Judge
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