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S.D.N.Y.Procedural orderFiled May 28, 2020

Garcia v. Commissioner of Social Security

Judge
Analisa Torres
Docket
1:19-cv-09328
Court
U.S. District Court · Southern District of New York
Pages
1
Social SecurityMotion to DismissCivil ProcedurePro Se
In one sentence

In Garcia v. Commissioner of Social Security, Judge Torres adopted the report and recommendation and granted the Commissioner’s motion to dismiss.

Who this affects

Johanna Garcia, who was proceeding without a lawyer, and the Commissioner of Social Security. The court granted the Commissioner’s motion to dismiss and closed the case.

What happened

In Garcia v. Commissioner of Social Security, Johanna Garcia was the plaintiff and the Commissioner of Social Security was the defendant. The opinion does not describe the underlying claims or the reasons for dismissal.

No party objected to a magistrate judge’s report and recommendation. The court reviewed it for clear error, found none, and adopted it in full.

Judge Analisa Torres granted the Commissioner’s motion to dismiss and directed the clerk to close the case. The court also directed that a copy of the order be mailed to Garcia, who was representing herself.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Garcia v. Commissioner of Social Security · No. 1:19-cv-09328
Judge
Analisa Torres
Date
May 28, 2020

Background

Johanna Garcia sued the Commissioner of Social Security. The opinion does not state the claims, the grounds for the Commissioner’s motion to dismiss, or the substance of the magistrate judge’s report and recommendation.

Court’s Review

The court received a report and recommendation from Magistrate Judge Stewart D. Aaron. Because no party filed objections, Judge Torres reviewed the report for clear error, meaning an obvious mistake. The court found no clear error and adopted the report and recommendation in its entirety.

Disposition

The court granted the Commissioner’s motion to dismiss. It directed the clerk to terminate the motion listed at ECF No. 11 and close the case. The court also directed chambers to mail a copy of the order to Garcia, who was proceeding without a lawyer.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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