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McGILL v. COLVIN, 5:14-CV-0601 (LEK/CFH). (2014)

Court: District Court, N.D. New York Number: infdco20140620d73 Visitors: 9
Filed: Jun. 19, 2014
Latest Update: Jun. 19, 2014
Summary: ORDER LAWRENCE E. KAHN, District Judge. This matter comes before the Court following a Report-Recommendation filed on May 22, 2014, by the Honorable Christian F. Hummel, U.S. Magistrate Judge, pursuant to 28 U.S.C. 636(b) and Local Rule 72.3. Dkt. No. 12 ("Report-Recommendation"). Within fourteen days after a party has been served with a copy of a magistrate judge's report-recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendation
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ORDER

LAWRENCE E. KAHN, District Judge.

This matter comes before the Court following a Report-Recommendation filed on May 22, 2014, by the Honorable Christian F. Hummel, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 12 ("Report-Recommendation").

Within fourteen days after a party has been served with a copy of a magistrate judge's report-recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations." FED. R. CIV. P. 72(b); L.R. 72.1(c). "If no objections are filed . . . reviewing courts should review a report and recommendation for clear error." Edwards v. Fischer, 414 F.Supp.2d 342, 346-47 (S.D.N.Y. 2006); see also Cephas v. Nash, 328 F.3d 98, 107 (2d Cir. 2003) ("As a rule, a party's failure to object to any purported error or omission in a magistrate judge's report waives further judicial review of the point."); Farid v. Bouey, 554 F.Supp.2d 301, 306 (N.D.N.Y. 2008).

No objections to the Report-Recommendation were filed in the allotted time period. See Docket. After a thorough review of the Report-Recommendation and the record, the Court has determined that the Report-Recommendation is not subject to attack for clear error or manifest injustice.

Accordingly, it is hereby:

ORDERED, that the Report-Recommendation (Dkt. No. 12) is APPROVED and ADOPTED in its entirety; and it is further

ORDERED, that the Commissioner's decision denying disability benefits is AFFIRMED; and it is further

ORDERED, that Plaintiff's Motion (Dkt. No. 8) for judgment on the pleadings is DENIED; and it is further

ORDERED, that the Clerk of the Court enter judgment for Defendant and close this case; and it is further

ORDERED, that the Clerk of the Court serve a copy of this Order on the parties to this action in accordance with the Local Rules.

IT IS SO ORDERED.

Source:  Leagle

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