Tavarez Guzman v. Commissioner of Social Security
- Jesse Furman
- 1:20-cv-07420
- U.S. District Court · Southern District of New York
- 2
In Jose Tavarez Guzman v. Commissioner of Social Security, Judge Furman adopted a recommendation granting Tavarez Guzman’s motion and denying the Commissioner’s cross-motion.
Jose Tavarez Guzman and the Commissioner of Social Security; the court granted Tavarez Guzman’s motion for judgment on the pleadings, denied the Commissioner’s cross-motion, and closed the case.
What happened
Jose Tavarez Guzman and the Commissioner of Social Security filed competing requests for judgment based on the existing court record. The requests were sent to Magistrate Judge Aaron for review.
Magistrate Judge Aaron recommended granting Tavarez Guzman’s motion and denying the Commissioner’s cross-motion. The parties were told they had 14 days to object, but neither party filed an objection or requested more time.
The parties therefore gave up their right to object to the recommendation or seek appellate review on it. Judge Jesse M. Furman reviewed the recommendation and adopted it in full, and the clerk was directed to close the case.
The detailed version
- Tavarez Guzman v. Commissioner of Social Security · No. 1:20-cv-07420
- Jesse Furman
- June 28, 2022
Background
The parties filed cross-motions for judgment on the pleadings, meaning they asked the court to decide the case based on the existing pleadings and record rather than a trial. The motions were referred to Magistrate Judge Aaron for a Report and Recommendation.
Report and Recommendation
On June 10, 2022, Magistrate Judge Aaron recommended that Jose Tavarez Guzman’s motion be granted and that the Commissioner of Social Security’s cross-motion be denied.
Objections and Review
The Report and Recommendation gave the parties 14 days after service to file objections and warned that failing to do so would waive the right to object. It also referred the parties to the federal rule and statute governing objections to a magistrate judge’s recommendation. No objections or requests for an extension were filed. The court therefore stated that the parties had waived their right to object to the recommendation or obtain appellate review.
Despite the waiver, the court reviewed the petition and the Report and Recommendation. The court found the recommendation well reasoned and supported by the facts and law.
Ruling
Judge Jesse M. Furman adopted the Report and Recommendation in its entirety. This granted Jose Tavarez Guzman’s motion for judgment on the pleadings and denied the Commissioner’s cross-motion. The clerk was directed to close the case. The opinion does not state in this order what further relief, if any, was included in the recommendation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.