Ortiz v. Commissioner of Social Security
- Lorna Schofield
- 1:19-cv-00171
- U.S. District Court · Southern District of New York
- 1
In Ortiz v. Commissioner of Social Security, Judge Schofield granted summary judgment for the Commissioner, closed the case, and denied Ortiz permission to appeal without paying fees.
Luis D. Ortiz and the Commissioner of Social Security; the judgment also affects Ortiz’s ability to appeal without paying filing fees.
What happened
In Ortiz v. Commissioner of Social Security, the court adopted in full a report incorporated into its August 17, 2020, order.
The court treated the Commissioner of Social Security’s motion as a request for summary judgment and granted it. The judgment states that the case was closed.
Judge Lorna Schofield’s court also found that any appeal would not be taken in good faith and denied Ortiz permission to appeal without paying filing fees.
The detailed version
- Ortiz v. Commissioner of Social Security · No. 1:19-cv-00171
- Lorna Schofield
- Aug. 18, 2020
Background
The judgment concerns Luis D. Ortiz’s case against Nancy A. Berryhill, identified in the judgment as the Acting Commissioner of Social Security. The judgment refers to the court’s August 17, 2020, order and the report adopted in that order, but the provided text does not state the underlying facts or legal arguments.
Ruling
The court adopted the report in its entirety as the court’s opinion. It treated the Commissioner of Social Security’s motion as a motion for summary judgment and granted the motion. Summary judgment is a decision resolving a case when the court determines that the applicable legal standard supports judgment without a trial. The judgment states that the case was closed.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied permission to appeal without paying filing fees. The judgment cites a Supreme Court decision concerning good faith and nonfrivolous appellate issues.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.