Opinion
19-CV-7029 (JMA) (ARL)
09-29-2021
RICHARD FREDRICK KAISER, JR., Plaintiff v. KILOLO KIJAKAZI, [1] Acting Commissioner of Social Security, Defendants.
ORDER
JOAN M. AZRACK UNITED STATES DISTRICT JUDGE
Pending before the Court are the parties' cross-motions for judgment on the pleadings, (ECF Nos. 9, 11), which I referred to Magistrate Judge Lindsay for a report and recommendation (“R&R”). Judge Lindsay recommends that: (1) Plaintiff's motion be granted in part and denied in part, (2) Defendant's cross-motion be denied, and (3) the case be remanded to the Commissioner for further proceedings. (ECF No. 16.)
In reviewing a magistrate judge's report and recommendation, the Court must “make a de novo determination of those portions of the report or . . . recommendations to which objection[s][are] made.” 28 U.S.C. § 636(b)(1)(C); see also Brown v. Ebert, No. 05-CV-5579, 2006 WL 3851152, at *2 (S.D.N.Y. Dec. 29, 2006). The 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). Those portions of a report and recommendation to which there is no specific reasoned objection are reviewed for clear error. See Pall Corp. v. Entegris, Inc., 249 F.R.D. 48, 51 (E.D.N.Y. 2008).
To date, no objections to the R&R have been filed, and the deadline for filing any such objections has passed. I have reviewed Judge Lindsay's R&R for clear error and, finding none, I hereby adopt Judge Lindsay's comprehensive and well-reasoned R&R as the opinion of the Court. Accordingly, the Court GRANTS in part and DENIES in part Plaintiff's motion for judgment on the pleadings, DENIES Defendant's cross-motion for judgment on the pleadings, and REMANDS the case to the Commissioner for further proceedings.
SO ORDERED.