Opinion
No. 15-CV-4704 (KMK)(JCM)
09-07-2016
THOMAS LOVELACE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
ORDER ADOPTING REPORT & RECOMMENDATION
:
On August 2, 2016, Magistrate Judge Judith C. McCarthy issued a Report & Recommendation ("R&R") recommending that this Court grant Defendant's Motion for Judgment on the Pleadings and remand the case for further administrative proceedings. (Dkt. No. 25.) In the R&R, Judge McCarthy provides notice that objections to the R&R were due within 14 days, and that failure to object would preclude later appellate review of any order of judgment that will be entered. (Id. at 19-20.) No objections have been filed.
By letter dated August 22, 2016, Plaintiff informed the Court that he obtained a copy of the R&R from the Clerk's Office after his initial copy had been "misplace[d]" and requested "a[] motion to procede [sic] with [his] case." (Dkt. No. 26.) The Court does not consider this to be an "objection" within meaning of Federal Rule of Civil Procedure 72. See Fed. R. Civ. P. 72(b)(2) (providing that "a party may serve and file specific written objections to the proposed findings and recommendations" (emphasis added)). --------
Because no objections have been filed, the Court reviews the R&R only for "clear error on the face of the record." Kessler v. Colvin, 48 F. Supp. 3d 578, 582 (S.D.N.Y. 2014) (internal quotation marks omitted). Having reviewed the R&R for clear error and found none, the Court adopts the R&R in its entirety.
ORDERED that Defendant's Motion is granted and the case is remanded for further administrative proceedings. The Clerk of Court is respectfully requested to terminate this case. Dated: September 7, 2016
White Plains, New York
/s/_________
KENNETH M. KARAS
UNITED STATES DISTRICT JUDGE