Summary
stating "the inability to bend on a repetitive basis is not inconsistent with a residual functional capacity for the full range of sedentary work"
Summary of this case from Caridad H. v. Comm'r of Soc. Sec.Opinion
09 Civ. 4006 (KBF)
07-08-2013
ROBERT A. DAVIS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
ORDER ADOPTING
REPORT &
RECOMMENDATION
KATHERINE B. FORREST, District Judge:
On June 6, 2013, United States Magistrate Judge Lisa Margaret Smith, issued a Report and Recommendation in the above-captioned matter recommending the denial of plaintiff Robert A Davis's motion under Federal Rule of Civil Procedure 12(c) for judgment on the pleadings, and the granting of defendant Commissioner of Social Security's ("the Commissioner") Rule 12(c) motion.
Plaintiff has not filed any objection to the Report and Recommendation. For that reason alone, plaintiff has waived any right to review by this Court. See Thomas v. Arn, 474 U.S. 140, 147-48 (1985); Mario v. P & C Food Markets. Inc., 313 F.3d 758, 766 (2d Cir. 2002); Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir.2000).
In the absence of any objection, and after full review of the Report and Recommendation, the Court adopts the Report and Recommendation in its entirety. Therefore, and for the reasons stated in the Report and Recommendation, the Court grants the Commissioner's motion for judgment on the pleadings and denies plaintiff's cross-motion for judgment on the pleadings.
The Clerk of Court is directed to terminate the motions at ECF Nos, 9, 15, 22, and 26, and to close this case.
SO ORDERED. Dated: New York, New York
July 8, 2013
______________
KATHERINE B. FORREST
United States District Judge