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Davis v. Astrue

United States District Court, Second Circuit

July 8, 2013

ROBERT A. DAVIS, Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,

ORDER ADOPTING REPORT & RECOMMENDATION

KATHERINE B. FORREST, District Judge.

On June 6, 2013, United States Magistrate Judge Lisa Margaret Smith, issued a Report and Recommendation in the above-captioned matter recommending the denial of plaintiff Robert A Davis's motion under Federal Rule of Civil Procedure 12(c) for judgment on the pleadings, and the granting of defendant Commissioner of Social Security's ("the Commissioner") Rule 12(c) motion.

Plaintiff has not filed any objection to the Report and Recommendation. For that reason alone, plaintiff has waived any right to review by this Court. See Thomas v. Arn , 474 U.S. 140, 147-48 (1985); Mario v. P & C Food Markets, Inc. , 313 F.3d 758, 766 (2d Cir. 2002); Swence v. Superintendent, Great Meadow Corr. Facility , 219 F.3d 162, 174 (2d Cir.2000).

In the absence of any objection, and after review of the Report and Recommendation, the Court adopts the Report and Recommendation in its entirety. Therefore, and for the reasons stated in the Report and Recommendation, the Court grants the Commissioner's motion for judgment on the pleadings and denies plaintiff's cross-motion for judgment on the pleadings.

The Clerk of Court is directed to terminate the motions at ECF Nos. 9, 15, 22, and 26, and to clase this case.

SO ORDERED.


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