Acevedo v. Commissioner of Social Security

Filing 15

ORDER. The Court has reviewed Magistrate Judge Kevin Nathaniel Fox's November 8, 2018, Report and Recommendation (the "Report") (docket entry no. 14), which recommends that the Court grant Defendant Commissioner of Social Security' ;s motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure (docket entry no. 12). No objections to the Report have been received. In reviewing a 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.S. § 636(b)(1)(C) (LexisNexis 2017). "In a case such as this one, where no timely objection has been made, a district co urt need only satisfy itself that there is no clear error on the face of the record." Johnson v. New York University School of Education, No. 00 Civ. 8117, at *1, 2003 WL 21433443 (S.D.N.Y. June 16, 2003). The Court has reviewed carefully Magist rate Judge Fox's thorough and well-reasoned Report and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. The Clerk of Court is respectfully requested to enter judgment accordingly and clo se this case. This Order resolves docket entry no. 12. SO ORDERED. Re 12 Motion for Judgment on the Pleadings filed by Commissioner of Social Security, 14 Report and Recommendation. (Signed by Judge Laura Taylor Swain on 11/27/2018) Copies Mailed By Chambers. (rjm). Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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FELIX ACEVEDO,
Plaintiff,
-v-

No. 18-CV-0034-LTS-KNF

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
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ORDER
The Court has reviewed Magistrate Judge Kevin Nathaniel Fox’s November 8,
2018, Report and Recommendation (the “Report”) (docket entry no. 14), which recommends that
the Court grant Defendant Commissioner of Social Security’s motion for judgment on the
pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure (docket entry no. 12).
No objections to the Report have been received.
In reviewing a 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.S. § 636(b)(1)(C) (LexisNexis 2017). “In a case such as this one, where no timely
objection has been made, a district court need only satisfy itself that there is no clear error on the
face of the record.” Johnson v. New York University School of Education, No. 00 Civ. 8117, at
*1, 2003 WL 21433443 (S.D.N.Y. June 16, 2003).
The Court has reviewed carefully Magistrate Judge Fox’s thorough and wellreasoned Report and finds no clear error. The Court therefore adopts the Report in its entirety
for the reasons stated therein. The Clerk of Court is respectfully requested to enter judgment
accordingly and close this case.

ORDER ADOPTING R&R.DOCX

VERSION NOVEMBER 27, 2018

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This Order resolves docket entry no. 12.

SO ORDERED.
Dated: New York, New York
November 27, 2018
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
United States District Judge

Copy Mailed To:
Felix Acevedo
1139 Clay Avenue
Apt. 18
Bronx, NY 10456

ORDER ADOPTING R&R.DOCX

VERSION NOVEMBER 27, 2018

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