RICHARD HOLWELL, District Judge
On or about May 11, 2004, plaintiff Felix Roman commenced this action pursuant to sections 205(g) and 1631(c)(3) of the Social Security Act, as amended, 42 U.S.C. § 405(g) and § 1383(c)(3), seeking court review of an administrative law judge's ("ALJ") decision, dated September 23, 2003, to deny plaintiff's application for Social Security Disability Insurance benefits because of his finding that plaintiff was not disabled. This became the final decision of the Commissioner of Social Security ("Commissioner") on March 10, 2004, when the Social Security Administration Appeals Council denied plaintiff's request for review.
On May 11, 2004, plaintiff filed a pro se complaint with this Court's pro se office. On January 11, 2005, the Commissioner served her answer and a copy of the administrative record. On April 22, 2005, the Commission moved for an order affirming her decision. On May 31, 2005, attorney Christopher James Bowes from the Center for Disability Advocacy Rights, Inc. filed a motion for remand on plaintiff's behalf; his brief annexed three medical reports made after the Commissioner's final decision. On June 14, 2005, the Commissioner filed a reply memorandum opposing remand.
On or about August 16, 2005, United States Magistrate Judge Douglas F. Eaton, to whom the matter had been referred, issued a thorough Report and Recommendation ("Report"), concluding, among other things, that "there is substantial evidence in the record to support the ALJ's findings," and recommending that this Court "grant the Commissioner's motion for judgment on the pleadings and deny plaintiff's motion for a remand." (Report at 20.) The Report advised the parties that "[p]ursuant to 28 U.S.C. § 636(b)(1)(C) and Rule 72(b) of the Federal Rules of Civil Procedure, any party may object to this recommendation within 10 business days after being served with a copy." (Report at 20.) No objections have been received from the parties as of this date. For the reasons set forth below, the Report is adopted in its entirety.
The district court adopts a Magistrate Judge's report and recommendation when no clear error appears on the face of the record. See Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985). However, the court is required to make a de novo determination of those portions of a report to which objection is made, 28 U.S.C. § 636(b)(1)(C), by reviewing "the Report, the record, applicable legal authorities, along with Plaintiff's and Defendant's objections and replies." Badhan v. Lab. Corp. of Am., 234 F. Supp. 2d 313, 316 (S.D.N.Y. 2002). The court may then accept, reject, or modify in whole or in part recommendations of the Magistrate Judge. See Nelson, 618 F. Supp. at 1189. If a party fails to object to a report within 10 days of being served with the report, that party waives their right to object and appellate review of the district court's decision adopting the report, absent unusual circumstances, is precluded. See United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997).
Because no objections were made to the Report, the court examined it only for clear error. Having concluded that no such error appears on the face of the record, the Court hereby adopts the Report in its entirety, and grants the Commissioner's motion. The Report is attached in its entirety at the end of this opinion. The Clerk shall close this case.
SO ORDERED.