Shapiro v. Commissioner of Social Security
- Alison Nathan
- 1:19-cv-08161
- U.S. District Court · Southern District of New York
- 2
In Shapiro v. Commissioner of Social Security, Judge Nathan adopted the recommendation and granted the Commissioner’s motion for judgment on the pleadings.
Marcia Shapiro and the Commissioner of Social Security; the order resolved the case and directed that it be closed.
What happened
In Shapiro v. Commissioner of Social Security, Magistrate Judge James Cott recommended granting the Commissioner’s motion for judgment on the pleadings. The opinion does not describe the underlying Social Security dispute or the recommendation’s reasoning.
No party filed objections by the deadline. The court therefore reviewed the recommendation for clear error, meaning an obvious mistake in the record, and found none.
Judge Alison J. Nathan adopted the recommendation in full and granted the Commissioner’s motion for judgment on the pleadings. She directed the Clerk to enter judgment, close the case, and mail the order to Marcia Shapiro.
The detailed version
- Shapiro v. Commissioner of Social Security · No. 1:19-cv-08161
- Alison Nathan
- Feb. 26, 2021
Background
The court considered Magistrate Judge James Cott’s January 8, 2021 Report and Recommendation. It recommended granting the Commissioner of Social Security’s motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). The opinion does not set out the underlying claim, the administrative decision being challenged, or the reasoning in the Report and Recommendation.
Review of the Recommendation
Under 28 U.S.C. § 636(b)(1), a district court may accept, reject, or modify a magistrate judge’s recommendation. When a party objects, the district court reviews the challenged portions independently. When there are no timely objections, the court reviews the recommendation for clear error on the face of the record. The court explained that clear error exists only when review of the entire record leaves the court firmly convinced that a mistake was made.
The court stated that no objections had been filed and that the objection deadline had passed. It therefore reviewed the Report and Recommendation for clear error and found none.
Ruling
Judge Alison J. Nathan adopted the Report and Recommendation in its entirety and granted the Commissioner’s motion for judgment on the pleadings. The order resolved Docket Nos. 13 and 23. The Clerk was directed to enter judgment and close the case, and to mail a copy of the order to Marcia Shapiro.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.