Vargas v. Commissioner of Social Security
- Lewis Liman
- 1:19-cv-00664
- U.S. District Court · Southern District of New York
- 2
In Yayiendrina Vargas v. Commissioner of Social Security, Judge Liman adopted the recommendation and granted the Commissioner’s motion for judgment on the pleadings.
Yayiendrina Vargas and the Commissioner of Social Security; the court granted the Commissioner’s motion and directed that the case be closed.
What happened
Yayiendrina Vargas sued the Commissioner of Social Security. The opinion does not describe the underlying dispute or the arguments on the motion.
A magistrate judge recommended granting the Commissioner’s motion for judgment on the pleadings. Neither party filed an objection within the allowed fourteen days.
After reviewing the record for clear error, Judge Liman adopted the recommendation in full and granted the Commissioner’s motion. The court directed the Clerk of Court to close the case.
The detailed version
- Vargas v. Commissioner of Social Security · No. 1:19-cv-00664
- Lewis Liman
- Aug. 24, 2020
Background
On July 21, 2020, Magistrate Judge Cott issued a Report and Recommendation recommending that the court grant the Commissioner of Social Security’s motion for judgment on the pleadings. The opinion does not state the underlying Social Security issue or explain the parties’ arguments.
Review of the Recommendation
The court explained that a district judge may accept, reject, or modify a magistrate judge’s recommendation. Because neither party filed an objection within fourteen days, the court reviewed the recommendation for clear error rather than conducting a fresh review of the disputed issues.
Ruling
Judge Lewis J. Liman found no clear error, adopted the Report and Recommendation in its entirety, and granted the Commissioner’s motion for judgment on the pleadings. The Clerk of Court was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.