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S.D.N.Y.Substantive rulingFiled Aug. 26, 2022

Ansah v. Kilolo Kijakazi

Judge
Jesse Furman
Docket
1:21-cv-05045
Court
U.S. District Court · Southern District of New York
Pages
2
Social SecurityCivil Procedure
In one sentence

In Ansah v. Kijakazi, Judge Furman adopted the recommendation denying Ansah’s motion, granting the Commissioner’s motion, and closing the case.

Who this affects

Florence Ansah and the Acting Commissioner of Social Security, Kilolo Kijakazi; the case was closed after the court adopted the recommendation resolving the cross-motions.

What happened

In Ansah v. Kijakazi, Florence Ansah and the Acting Commissioner of Social Security filed competing requests for judgment based on the court record.

A magistrate judge recommended denying Ansah’s request and granting the Acting Commissioner’s request. Neither side filed objections within the required time.

Judge Furman adopted the recommendation in full, directed the clerk to update the defendant’s name, and closed the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Ansah v. Kilolo Kijakazi · No. 1:21-cv-05045
Judge
Jesse Furman
Date
Aug. 26, 2022

Background

The court had referred the parties’ cross-motions for judgment on the pleadings to Magistrate Judge Willis. A judgment on the pleadings asks the court to decide the case based on the pleadings and the record before it. Magistrate Judge Willis recommended denying Florence Ansah’s motion and granting the Acting Commissioner’s cross-motion.

Objections and Review

The report and recommendation gave the parties fourteen days to object and warned that failing to object would waive the right to object and to seek appellate review. No objections or extension request had been filed by the time of the order. The court therefore found that Ansah had waived the right to object. Even so, the court independently reviewed the petition and the report and recommendation and found the recommendation well reasoned and supported by the facts and law.

Ruling

The court adopted the report and recommendation in its entirety. Thus, Ansah’s motion for judgment on the pleadings was denied, and the Acting Commissioner’s cross-motion was granted. The clerk was directed to terminate the two listed motions, substitute Kilolo Kijakazi as the defendant under the federal civil-procedure rule governing substitution of public officers, and close the case. The opinion does not describe the underlying Social Security dispute or explain the reasoning supporting the recommended disposition beyond stating that the report was grounded in fact and law.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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