Rodriguez v. Commissioner of Social Security
- Lewis Liman
- 1:19-cv-04553
- U.S. District Court · Southern District of New York
- 2
In Rodriguez v. Commissioner of Social Security, Judge Liman adopted the recommendation, granted the Commissioner judgment on the pleadings, and closed the case.
Joseph Rodriguez and the Commissioner of Social Security.
What happened
In Rodriguez v. Commissioner of Social Security, Magistrate Judge Fox recommended granting the Commissioner’s request for judgment on the pleadings. The opinion does not describe the underlying Social Security dispute or the recommendation’s reasoning.
The parties had 14 days to object to the recommendation, but neither party filed objections. Because there were no objections, the court reviewed the recommendation and the record for clear error, meaning an obvious mistake.
Judge Lewis J. Liman found no clear error, adopted the recommendation in full, and granted the Commissioner’s motion for judgment on the pleadings. The clerk was directed to close the case.
The detailed version
- Rodriguez v. Commissioner of Social Security · No. 1:19-cv-04553
- Lewis Liman
- Sept. 29, 2020
Background
On May 27, 2020, Magistrate Judge Fox issued a report and recommendation advising the district court to grant the Commissioner’s motion for judgment on the pleadings. A report and recommendation is a magistrate judge’s proposed decision for review by the district judge. The opinion does not state the underlying facts of Rodriguez’s Social Security claim or explain the recommendation’s reasoning.
Review of the Recommendation
The parties were given 14 days to submit written objections, but no objections were filed. Under the governing procedure, the district court reviewed the report and recommendation for clear error rather than conducting a new, detailed review of disputed issues. The court reviewed the record and found no clear error.
Ruling
Judge Lewis J. Liman adopted the report and recommendation in its entirety and granted the Commissioner’s motion for judgment on the pleadings. The order directed the clerk to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.