Ortiz v. Commissioner of Social Security

Background

The Acting Commissioner of Social Security filed a motion under Rule 12(b)(6) to dismiss the case or, alternatively, under Rule 56 for summary judgment. The opinion does not describe the underlying Social Security claim or the reasons supporting the motion; it adopts Magistrate Judge Debra Freeman’s Report and Recommendation for those reasons.

Report and objections

Judge Freeman recommended that the motion be treated as a motion for summary judgment and granted. A copy of the Report was mailed to pro se Plaintiff Luis D. Ortiz, who was given seventeen days from service by mail to file objections and received guidance about filing papers during the COVID-19 outbreak. No timely objections were filed.

When no timely objection is made to a magistrate judge’s report and recommendation, the district judge reviews the record for clear error. Judge Schofield stated that, after reviewing Judge Freeman’s thorough and well-reasoned Report, the Court found no error, clear or otherwise.

Ruling

The Court adopted the Report in its entirety as the opinion of the Court and granted the Commissioner of Social Security’s motion, treated as a motion for summary judgment. The Clerk was directed to close the motion, close the case, and mail Ortiz a copy of the Order.

The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the Order would not be taken in good faith. It therefore denied in forma pauperis status, meaning permission to appeal without paying the required filing fees, for purposes of an appeal.