McLean v. Commissioner of Social Security, No. 1:2021cv02123 - Document 25 (S.D.N.Y. 2022)
Court Description: OPINION AND ORDER re: 20 FIRST MOTION for Judgment on the Pleadings, filed by Stephanie McLean, 22 CROSS MOTION for Judgment on the Pleadings, filed by Commissioner of Social Security. For the reasons articulated in the Report, the Court grants Mclean's and denies the Commissioner's respective motions for judgment on the pleadings, and remands this case for further administrative proceedings. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 20 and 22, and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/1/2022) (va) Transmission to Orders and Judgments Clerk for processing.
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McLean v. Commissioner of Social Security Doc. 25 Case 1:21-cv-02123-PAE-GRJ Document 25 Filed 06/01/22 Page 1 of 3 Dockets.Justia.com Case 1:21-cv-02123-PAE-GRJ Document 25 Filed 06/01/22 Page 2 of 3 been made, a district court need only satisfy itself that there is no clear error on the face of the record." Ruiz v. Citibank, NA., No. 10 Civ. 5950 (KPF), 2014 WL 4635575, at *2 (S.D.N.Y. Aug. 19, 2014) (quoting King v. Greiner, No. 02 Civ. 5810 (DLC), 2009 WL 2001439, at *4 (S.D.N.Y. July 8, 2009)); see a lso, e.g., Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003). Because neither McClean nor the Commissioner has submitted objections to the Report, review for clear error is appropriate. Careful review of Judge Jones' s thorough and well reasoned Report reveals no facial error in its conclusions; the Report is therefore adopted in its entirety. The Report explicitly states that failure to object within fourteen days will result in a waiver of objections and will preclude appellate review. Report at 19. Accordingly, the failure to object operates as a waiver of appellate review. See Caidor v. Onondaga Cty., 517 F.3d 601, 604 (2d Cir. 2008) (citing Small v. Sec'y ofHealth & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (per curiam)). CONCLUSION For the reasons articulated in the Report, the Court grants Mclean's and denies the Commissioner's respective motions for judgment on the pleadings, and remands this case for further administrative proceedings. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 20 and 22, and to close this case. 2 Case 1:21-cv-02123-PAE-GRJ Document 25 Filed 06/01/22 Page 3 of 3 SO ORDERED. Paul A. Engelmayer United States District Judge Dated: June 1, 2022 New York, New York 3
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