Lloyd Harmon v. Commissioner of Social Security

Summary

The Southern District of New York adopted a magistrate judge’s report and recommendation concerning Lloyd Harmon’s challenge to the denial of Social Security Disability Insurance benefits. Because no objections were filed and the court found no clear error, it granted the Commissioner’s motion to dismiss the action as untimely and directed that the case be closed.

Holdings

1. When no timely objection is made to a report and recommendation, the district court reviews the recommendation for clear error.
2. The court adopted the magistrate judge's recommendation and granted the Commissioner's Rule 12(b)(6) motion to dismiss the complaint as untimely.

Questions Presented

1. Whether the district court should review the unobjected-to report and recommendation for clear error.
2. Whether the Commissioner's motion to dismiss the Social Security complaint as untimely should be granted.

Disposition

dismissed