Filed: Feb. 13, 2019
Latest Update: Feb. 13, 2019
Summary: ORDER LORNA G. SCHOFIELD , District Judge . WHEREAS, on January 28, 2019, Judge Moses issued a Report and Recommendation to deny Defendant's motion for judgment on the pleadings, grant Plaintiff's cross-motion and remand this action to the Commissioner (Dkt. No. 16); WHEREAS, as stated in Judge Moses' January 28, 2019, Report and Recommendation, the parties "have fourteen (14) days from this date to file written objections" (Dkt. No. 16); WHEREAS, no timely objections were filed; WHEREA
Summary: ORDER LORNA G. SCHOFIELD , District Judge . WHEREAS, on January 28, 2019, Judge Moses issued a Report and Recommendation to deny Defendant's motion for judgment on the pleadings, grant Plaintiff's cross-motion and remand this action to the Commissioner (Dkt. No. 16); WHEREAS, as stated in Judge Moses' January 28, 2019, Report and Recommendation, the parties "have fourteen (14) days from this date to file written objections" (Dkt. No. 16); WHEREAS, no timely objections were filed; WHEREAS..
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ORDER
LORNA G. SCHOFIELD, District Judge.
WHEREAS, on January 28, 2019, Judge Moses issued a Report and Recommendation to deny Defendant's motion for judgment on the pleadings, grant Plaintiff's cross-motion and remand this action to the Commissioner (Dkt. No. 16);
WHEREAS, as stated in Judge Moses' January 28, 2019, Report and Recommendation, the parties "have fourteen (14) days from this date to file written objections" (Dkt. No. 16);
WHEREAS, no timely objections were filed;
WHEREAS, in reviewing a Report and Recommendation of a magistrate judge, a district judge "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). "In a case such as this one, where no timely objection has been made, a district court need only satisfy itself that there is no clear error on the face of the record." Poulos, v. City of New York, No. 14 Civ. 3023, 2018 WL 3745661, at *1 (S.D.N.Y. Aug. 6, 2018) (internal quotation marks omitted).
WHEREAS, the Court finds no clear error on the face of the record. It is hereby
ORDERED that the Report and Recommendation is adopted. For the reasons stated in the Report and Recommendation, Defendant's motion for judgment on the pleadings is DENIED, Plaintiff's cross-motion is GRANTED, and the case is REMANDED to the Commissioner for development of the administrative record and additional proceedings, consistent with the Report and Recommendation, on a fully developed record.
The Clerk of Court is respectfully directed to close the case and all pending motions.