Banks v. Commissioner of Social Security
- Alison Nathan
- 1:19-cv-00929
- U.S. District Court · Southern District of New York
- 2
In Banks v. Commissioner, Judge Nathan adopted a recommendation and granted the Commissioner’s unopposed motion for judgment on the pleadings, closing the case.
The ruling affected Tommy James Banks and the Commissioner of Social Security. It ended the case by granting the Commissioner’s motion for judgment on the pleadings.
What happened
In Banks v. Commissioner of Social Security, the court considered a magistrate judge’s recommendation to grant the Commissioner’s unopposed request for judgment on the pleadings. The opinion does not describe the underlying Social Security dispute or the recommendation’s reasoning.
No objections were filed by the stated deadline. The court therefore reviewed the recommendation for clear error and found none.
Judge Alison J. Nathan adopted the recommendation in full, granted the Commissioner’s motion for judgment on the pleadings, and ordered the Clerk of Court to close the case. The court also directed that a copy of the opinion be mailed to the self-represented plaintiff.
The detailed version
- Banks v. Commissioner of Social Security · No. 1:19-cv-00929
- Alison Nathan
- May 27, 2020
Background
The court reviewed a report and recommendation by Judge Aaron. That recommendation advised granting the Commissioner of Social Security’s unopposed motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). The opinion does not provide the underlying facts, the plaintiff’s claims, or the report and recommendation’s substantive reasoning.
Review of the Recommendation
The court stated that, when reviewing a magistrate judge’s report and recommendation, it must independently consider any part to which a party objects. When no objections are filed, the court reviews the recommendation for clear error on the face of the record. The opinion states that objections were due March 17, 2017, and that none had been filed as of May 27, 2020.
Ruling
Judge Alison J. Nathan found no clear error, adopted the report and recommendation in its entirety, and granted the Commissioner’s motion for judgment on the pleadings for the reasons given in that recommendation. The Clerk of Court was ordered to close the case. The court also ordered that a copy of the opinion be mailed to the self-represented plaintiff, with the mailing noted on the public docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.