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Ramos v. Commissioner of Social Security

United States District Court, S.D. New York

February 4, 2015

Ydalia Ramos, Plaintiff,
v.
Commissioner of Social Security, Defendant

For Ydalia Josefa Ramos, Plaintiff: Christopher James Bowes, LEAD ATTORNEY, Center for Disability Advocacy Rights, Inc., NY; Richard P. Morris, Klein, Wagner & Morris, L.L.P., New York, NY.

For Commissioner of Social Security, Defendant: Susan D. Baird, LEAD ATTORNEY, U.S. Attorney's Office, S.D.N.Y. (St Andw's), New York, NY; Sarah Sheive Normand, U.S. Attorney's Office, S.D.N.Y. (86 Chambers St.), New York, NY.

MEMORANDUM & ORDER

ALISON J. NATHAN, United States District Judge.

Before the Court is Judge Netbum's report and recommendation (" R & R") recommending that the Court grant the Commissioner of Social Security's (the " Commissioner") cross motion for judgment on the pleadings and deny Plaintiffs motion on the pleadings. See Dkt. No. 29. When a magistrate judge issues findings or recommendations, the district court " may accept, reject, or modify [them] in whole or in part." 28 U.S.C. § 636(b) (1). When no party has filed objections to the magistrate's R & R, the Court reviews it only for clear error. See Gomez v. Brown, 655 F.Supp.2d 332, 341 (S.D.N.Y. 2009). " A decision is 'clearly erroneous' when the reviewing Court is left with the definite and firm conviction that a mistake has been committed." Courtney v. Colvin, 13-cv-02884 (AJN), 2014 WL 129051, at *1 (S.D.N.Y. Jan. 14, 2014) .

Defendants having filed no objections to the R & R, and the Court finding no clear error therein, the Court adopts the R & R in its entirety. The Commissioner's cross motion for judgment on the pleadings is hereby GRANTED and Plaintiff's motion for judgment on the pleadings is DENIED.

SO ORDERED.


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