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Dejesus v. Commissioner of Social Security

United States District Court, S.D. New York

June 8, 2015

Michelle DeJesus, Plaintiff,
v.
Commissioner of Social Security, Defendant.

ORDER

ALISON J. NATHAN, District Judge.

Before the Court is Judge Pitman's report and recommendation ("R & R") recommending that the Court grant the Commissioner of Social Security's (the "Commissioner") motion to dismiss or, in the alternative, for summary judgment, dismissing the case as untimely. See Dkt. No. 13. 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. ยง 636(b)(1). Plaintiff was required to submit any objections to Judge Pitman's R & R by June 1, 2015. See Dkt. No. 18. As of June 8, 2015, Plaintiff has failed to file any objection to the R & R. 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).

Having reviewed Judge Pitman's well-reasoned R & R, and finding no clear error therein, the Court adopts the R & R in its entirety. The Commissioner's motion to dismiss or, in the alternative, for summary judgment is hereby GRANTED. This resolves Dkt. No. 13 and the Clerk of Court is instructed to terminate the case.

SO ORDERED.


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