McDonagh v. Colvin

Filing 24

ORDER: for 19 Motion for Judgment on the Pleadings filed by Carolyn Colvin, 12 Motion for Summary Judgment filed by Michael McDonagh, 23 Report and Recommendations. Motions terminated: 19 CROSS MOTION for Judgment on the Pleadi ngs, filed by Carolyn Colvin, 12 MOTION for Summary Judgment, filed by Michael McDonagh. Here, the Report and Recommendation was filed on November 27, 2017. Although the Report and Recommendation explicitly provided that &qu ot;[t]he parties shall have fourteen days from the service of this Report and Recommendation to file written objections," (R&R 38), neither party filed an objection. I therefore review Judge Parker's thorough and well-reasoned Report and Recommendation for clear error and, after careful review of the record, find none. Accordingly, I adopt the Report and Recommendation in its entirety. Plaintiff's motion for summary judgment, (Doc. 12), is denied and Defendant's motion f or judgment on the pleadings, (Doc. 19), is granted. The Clerk's Office is respectfully directed to enter judgment in favor of Defendant and close the case, and as further set forth in this order. (Signed by Judge Vernon S. Broderick on 5/2/2018) (ap)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------- X
:
MICHAEL MCDONAGH,
:
:
Plaintiff,
:
:
- against :
:
ACTING COMMISSIONER OF SOCIAL
:
SECURITY,
:
:
Defendant. :
:
--------------------------------------------------------- X

5/2/2018

16-CV-8698 (VSB) (KHP)
ORDER

VERNON S. BRODERICK, United States District Judge:
Plaintiff Michael McDonagh commenced this action against Defendant, the Acting
Commissioner of the Social Security Administration (the “Acting Commissioner”), pursuant to
the Social Security Act, 42 U.S.C. § 405(g), seeking review of the Acting Commissioner’s
decision that Plaintiff is not entitled to disability insurance benefits. (Doc. 1.) On May 16, 2017,
Plaintiff filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(a).
(Doc. 12.) On July 17, 2017, Defendant filed a cross-motion for judgment on the pleadings
pursuant to Federal Rule of Civil Procedure 12(c). (Doc. 19.) On February 23, 2017, this case
was referred to Magistrate Judge Katharine Parker for a report and recommendation on the
motions. (Doc. 9.) Judge Parker issued her Report and Recommendation on November 27, 2017
(“Report and Recommendation” or “R&R”). (Doc. 23.) Neither party filed an objection.
Before me is Judge Parker’s unchallenged Report and Recommendation, which
recommends that Plaintiff’s summary judgment motion be denied and Defendant’s motion for a
judgment on the pleading be granted. Judge Parker’s R&R is thorough and detailed, and I accept
its findings and recommendations.

In reviewing a magistrate judge’s report and recommendation, 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)(1). Parties may raise specific, written objections to the
report and recommendation within fourteen days of being served with a copy of the report. Id.;
see also Fed. R. Civ. P. 72(b)(2). When a party submits a timely objection, a district court
reviews de novo the parts of the report and recommendation to which the party objected. 28
U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b)(3). When neither party submits an objection
to a report and recommendation, or any portion thereof, a district court reviews the report and
recommendation for clear error. Lewis v. Zon, 573 F. Supp. 2d 804, 811 (S.D.N.Y. 2008); Wilds
v. United Parcel Serv., Inc., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003); Nelson v. Smith, 618 F.
Supp. 1186, 1189 (S.D.N.Y. 1985).
Here, the Report and Recommendation was filed on November 27, 2017. Although the
Report and Recommendation explicitly provided that “[t]he parties shall have fourteen days from
the service of this Report and Recommendation to file written objections,” (R&R 38), neither
party filed an objection. I therefore review Judge Parker’s thorough and well-reasoned Report
and Recommendation for clear error and, after careful review of the record, find none.
Accordingly, I adopt the Report and Recommendation in its entirety. Plaintiff’s motion for
summary judgment, (Doc. 12), is denied and Defendant’s motion for judgment on the pleadings,
(Doc. 19), is granted.
The Clerk’s Office is respectfully directed to enter judgment in favor of Defendant and
close the case.

2

SO ORDERED.
Dated: May 2, 2018
New York, New York
______________________
Vernon S. Broderick
United States District Judge

3