Smith v. Commissioner of Social Security ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHAEL A. SMITH SR., Plaintiff, No. 23-CV-6184 (KMK) v. ORDER ADOPTING REPORT & RECOMMENDATION COMMISSIONER OF SOCIAL SECURITY, Defendant. KENNETH M. KARAS, United States District Judge: Michael A. Smith Sr. (“Plaintiff” or “Smith”) brings this Action against the Commissioner of Social Security (“Defendant” or the “Commissioner”), seeking judicial review of the Commissioner’s denial of Plaintiff’s application for Supplemental Security Income Benefits and Disability Insurance Benefits under the Social Security Act. (See Compl. (Dkt. No. 6).) On May 2, 2024, the Court referred this case to Magistrate Judge Gary R. Jones (“Judge Jones”). (See Dkt.) On June 17, 2024, Judge Jones issued a Report and Recommendation (“R&R”) recommending that the Commissioner’s decision be affirmed and that the instant case be dismissed. (See R&R (Dkt. No. 18).) No objections were filed.1 When no objections are filed, the Court reviews an R&R on a dispositive motion for clear error. See Torres v. Golden Home Furniture Inc., No. 20-CV-4789, 2023 WL 3791807, at *1 (S.D.N.Y. June 2, 2023) (citing Andrews v. LeClaire, 709 F. Supp. 2d 269, 271 (S.D.N.Y. 2010)); see also ExxonMobil Oil Corp. v. TIG Ins. Co., No. 16-CV-9527, 2022 WL 17070111, at 1 Judge Jones provided notice that, pursuant to 28 U.S.C. § 636(b)(1)(C) and Rule 72(b) of the Federal Rules of Civil Procedure, objections to the R&R were due within fourteen days from the receipt of the R&R, and that the failure to object would constitute a waiver of either Parties’ right to raise any objections to this R&R on appeal. (See R&R 16.) *1 (S.D.N.Y. Nov. 17, 2022) (same). The Court has reviewed the R&R, and finding no substantive error, clear or otherwise, adopts the R&R in its entirety. Accordingly, it is hereby ORDERED that the Report and Recommendation, dated June 17, 2024, is ADOPTED in its entirety. The Commissioner’s decision is affirmed, and this case is DISMISSED. The Clerk of Court is respectfully directed to enter judgment for Defendant and close this case. SO ORDERED Dated: July 2, 2024 White Plains, New York ____________________________________ KENNETH M. KARAS UNITED STATES DISTRICT JUDGE