Kiel v. Colvin

Filing 20

DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATION 19 . Plaintiff's motion for judgment on the pleadings 11 , is DENIED. Defendant's motion for judgment on the pleadings 18 , is GRANTED. The Clerk of the Court shall close the file. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/11/2018. (CMD)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

April E. Kiel,
Plaintiff,
v.

16-CV-513
Decision and Order

Nancy A. Berryhill,
Acting Commissioner of the Social
Security Administration,
Defendant.

On June 22, 2016, the plaintiff commenced this action. Docket Item 1.
On January 19, 2017, this Court referred this case to United States Magistrate Judge
Hugh B. Scott for all proceedings under 28 U.S.C. § 636(b)(1)(B). Docket Item 10.
On January 19, 2017, the plaintiff moved for judgment on the pleadings, Docket
Item 11; and on May 22, 2017, the defendant responded and cross-moved for judgment
on the pleadings, Docket Item 18. On April 18, 2018, Judge Scott issued a Report and
Recommendation (“R&R”) finding that the defendant's motion should be granted and
that the plaintiff's motion should be denied. Docket Item 19. The parties did not object
to the Report and Recommendation, and the time to do so now has expired. See
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2).
A district court may accept, reject, or modify the findings or recommendations of
a magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). A district court
must conduct a de novo review of those portions of a magistrate judge’s
recommendation to which a party objects. 28 U.S.C. § 636(b)(1);

Fed. R. Civ. P. 72(b)(3). But neither 28 U.S.C. § 636 nor Federal Rule of Civil
Procedure 72 requires a district court to review the recommendation of a magistrate
judge to which no objections are raised. See Thomas v. Arn, 474 U.S. 140, 149-50
(1985).
Although not required to do so in light of the above, this Court nevertheless has
reviewed Judge Scott's R&R. Based on that review and the absence of any objections,
the Court accepts and adopts Judge Scott's recommendation to deny the plaintiff's
motion and grant the defendant's motion.
For the reasons stated above and in the R&R, the plaintiff's motion for judgment
on the pleadings, Docket Item 11, is DENIED; the defendant’s motion for judgment on
the pleadings, Docket Item 18, is GRANTED; the complaint, Docket Item 1, is
dismissed; and the Clerk of the Court shall close the file.

SO ORDERED.
Dated:

May 11, 2018
Buffalo, New York

s/Lawrence J. Vilardo
LAWRENCE J. VILARDO
UNITED STATES DISTRICT JUDGE

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