Fernandez Pena v. Commissioner of Social Security
- Alison Nathan
- 1:20-cv-07897
- U.S. District Court · Southern District of New York
- 2
Fernandez Pena v. Commissioner of Social Security: Judge Nathan adopted the recommendation and granted the Commissioner’s motion for judgment on the pleadings.
Johanna Fernandez Pena and the Commissioner of Social Security; the case was closed after the court granted the Commissioner’s motion for judgment on the pleadings.
What happened
In Fernandez Pena v. Commissioner of Social Security, the court considered a magistrate judge’s recommendation that it grant the Commissioner’s motion for judgment on the pleadings. The opinion does not describe the underlying Social Security dispute.
The parties’ objections to the recommendation were due January 12, 2022, but no objections had been filed by January 31. 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. The Clerk of Court was ordered to close the case.
The detailed version
- Fernandez Pena v. Commissioner of Social Security · No. 1:20-cv-07897
- Alison Nathan
- Jan. 31, 2022
Background
Johanna Fernandez Pena brought this case against the Commissioner of Social Security. The opinion addresses a motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), but it does not explain the underlying claims or the parties’ substantive arguments.
Report and Recommendation
Judge Cave issued a Report and Recommendation recommending that the court grant the Commissioner’s motion. The parties’ objections were due by January 12, 2022. No objections had been filed as of January 31, 2022.
When there are no objections to a magistrate judge’s recommendation, the district 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 with a firm conviction that a mistake was made.
Ruling
Judge Alison J. Nathan found no clear error, adopted Judge Cave’s Report and Recommendation in its entirety, and granted the Commissioner’s motion for judgment on the pleadings for the reasons stated in that recommendation. The court ordered the Clerk of Court to close the case. The opinion itself does not state the recommendation’s underlying reasoning or describe the disposition of any particular Social Security claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.