GOMEZ v. COMMISSIONER OF SOCIAL SECURITY

No. 16cv4251.

GERALDINA GOMEZ, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

United States District Court, S.D. New York.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (DIWC)
Nature of Suit: 863 Social Security: DIWC / DIWW
Source: PACER


Attorney(s) appearing for the Case

Geraldina Gomez, Plaintiff, Pro Se.

Commissioner of Social Security, Defendant, represented by Susan J. Reiss , Social Security Administration, Office of the General Counse.


ORDER

WILLIAM H. PAULEY, III, District Judge.

Plaintiff Geraldina Gomez seeks judicial review under 42 U.S.C. § 405(g) of a final decision of the Commissioner of Social Security denying her application for Disability Insurance Benefits ("DIB") under Title II of the Social Secrutiy Act. On September 20, 2016 this Court referred the matter to Magistrate Judge Sarah Netburn for a Report and Recommendation. Thereafter, the Commissioner of Social Security moved for judgment on the pleadings. On April 20, 2017 Magistrate Judge Netburn issued her Report and Recommendation, recommending that this Court grant the Commissioner's unopposed motion. No objections to the Report and Recommendation have been filed.

A district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). In reviewing a Report and Recommendation that has not been objected to, a court "need only satisfy itself that there is no clear error on the face of the record." Simms v. Graham, No. 09-CV-1059, 2011 WL 6072400, at *1 (S.D.N.Y. Dec. 6, 2011).

This Court has reviewed Magistrate Judge Netburn's thorough and well-reasoned Report and Recommendation, and finds that it is not erroneous on its face. See 28 U.S.C. § 636(b)(1)(C). Accordingly, this Court adopts the Report and Recommendation in its entirety. The parties' failure to file written objections to the Report and Recommendation precludes appellate review of this decision. See Thomas v. Arn, 474 U.S. 140, 155 (1985). The Clerk of Court is directed to terminate all pending motions and mark this case as closed.

SO ORDERED.


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