Lloyd Harmon v. Commissioner of Social Security

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED Lloyd Harmon, DOC # DATE FILED: __ 11/25/2025 _ Plaintiff, -against- 24 Civ. 9216 (AT) (KHP) Commissioner of Social Security, ORDER ADOPTING REPORT AND Defendant. RECOMMENDATION ANALISA TORRES, District Judge: Plaintiff, Lloyd Harmon seeks judicial review under 42 U.S.C. § 405(g) of a decision by the Commissioner of Social Security (the “Commissioner”) denying his application for Social Security Disability Insurance. See generally Compl., ECF No. 1. The Court referred this matter to the Honorable Katherine H. Parker. ECF No. 11. On March 7, 2025, the Commissioner moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6) as untimely. See Mot., ECF No. 12; see also Mem., ECF No. 13. Plaintiff did not oppose the motion.

On September 29, 2025, after careful consideration, the Judge Parker issued a report (the “R&R’”) recommending that the Commissioner’s motion to dismiss be granted. See R&R, ECF No. 17. Despite notification of the right to object to the R&R, no objections were filed, and the time to do so has now passed. See id. at 7; see Fed. R. Civ. P. 72(b)(2); Fed R. Civ. P. 6(d).

Because no objection was made, the Court reviews the R&R for clear error. Santiago v. Colvin, No. 12 Civ. 7052, 2014 WL 1092967, at *1 (S.D.N.Y. Mar. 17, 2014). The Court finds no clear error in Judge Parker’s thorough and well-reasoned R&R. Accordingly, the Court ADOPTS the R&R in its entirety. The Commissioner’s motion to dismiss is GRANTED.

The Clerk of Court is respectfully directed to terminate the motion at ECF No. 12 and close the case.

SO ORDERED.

Dated: November 25, 2025 New York, New York ANALISA TORRES United States District Judge