Rivera v. Commissioner of the Social Security Administration

District Court, S.D. New York

Rivera v. Commissioner of the Social Security Administration

Trial Court Opinion

USDC SDNY DOCUMENT SOUTHERN DISTRICT OF NEW YORK DOC #: ee DR DATE FILED:_ 1/14/2021 SAMUEL I. RIVERA, : Plaintiff, : : 19-cv-4630 (LJL) -V- : : ORDER COMMISSIONER OF THE SOCIAL SECURITY : ADMINISTRATION, : Defendant. :

LEWIS J. LIMAN, United States District Judge: On December 30, 2020, Magistrate Judge Moses issued a Report and Recommendation recommending that the Court grant Plaintiffs motion for judgment on the pleadings and remand the case to the ALJ for further proceedings. Dkt. No. 22. Magistrate Judge Moses advised the parties that they had fourteen days to file written objections to the Report and Recommendation, and no such objections have been filed. 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 are given the opportunity to raise timely objections to the report and recommendation within fourteen days. /d. The Court reviews any portion of the report subject to an objection de novo; however, in the absence of any objection, the Court reviews the report and recommendation only for clear error. Fed. R. Civ. P. 72(b) Advisory Committee Notes; Colvin v. Berryhill,

734 F. App’x 756

, 758 (2d Cir. 2018). The Court has reviewed the record and the Report and Recommendation for clear error and, finding none, hereby ORDERS that the Report and Recommendation is ADOPTED in its

entirety and Plaintiff’s motion for judgment on the pleadings is GRANTED. The Clerk of Court is respectfully directed to close the case.

SO ORDERED.

Dated: January 14, 2021 __________________________________ New York, New York LEWIS J. LIMAN United States District Judge

Reference

Status
Unknown