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Castillo v. Colvin

United States District Court, S.D. New York

January 12, 2015

MAYRA CASTILLO, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

ANALISA TORRES, District Judge.

On July 22, 2013, Plaintiff, Maya Castillo, filed this action under 42 U.S.C. § 405(g), seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying Plaintiff's claim for disability insurance benefits. On August 2, 2013, the Court referred the matter to Magistrate Judge Michael H. Dolinger. The parties subsequently cross-moved for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure.

After careful consideration, Magistrate Judge Dolinger issued a Report and Recommendation (the "R & R"), proposing that Defendant's motion be denied, Plaintiff's motion be granted in part, and the case be remanded to the Commissioner for further administrative consideration. Despite notification of the right to object to the R & R, no objection were filed, and the time to do so has passed. See Fed.R.Civ.P. 72(b)(2). When no objection is made, the Court reviews the R & R for clear error. E.g., Molina v. Colvin, 13 Civ. 4701, 2014 WL 3925303, at *1 (S.D.N.Y. Aug. 7, 2014). The Court finds no clear error.

Accordingly, the Court ADOPTS the R & R in its entirety. Defendant's motion is DENIED and Plaintiff's motion is GRANTED in part. Pursuant to § 405(g), the case is REMANDED to the Commissioner for further proceedings consistent with the R & R.

The Clerk of Court is directed to terminate the motions at ECF Nos. 12, 14 and 16 and to close the case.

SO ORDERED.


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