Davis v. Commissioner of Social Security
- Valerie Caproni
- 1:21-cv-08485
- U.S. District Court · Southern District of New York
- 3
In Davis v. Commissioner of Social Security, Judge Caproni adopted the recommendation, denied Davis’s motion, granted the Commissioner’s motion, and dismissed the case.
Jovan Davis’s challenge to the Social Security Administration’s denial of disability insurance benefits and supplemental security income was resolved against him; the Commissioner’s cross-motion for judgment on the pleadings was granted.
What happened
In Davis v. Commissioner of Social Security, Jovan Davis asked the court to review the Social Security Administration’s denial of his applications for disability insurance benefits and supplemental security income. Davis moved for judgment on the pleadings, and the Commissioner filed a cross-motion seeking judgment on the pleadings.
Magistrate Judge Barbara C. Moses recommended denying Davis’s motion, granting the Commissioner’s motion, and dismissing the case. Neither party objected. Because there were no objections, the court reviewed the recommendation only for clear error and found none.
Judge Valerie Caproni adopted the recommendation in full. The court denied Davis’s motion for judgment on the pleadings, granted the Commissioner’s cross-motion, dismissed the case, directed the Clerk to enter judgment and close the case, and stated that the lack of objections precluded appellate review.
The detailed version
- Davis v. Commissioner of Social Security · No. 1:21-cv-08485
- Valerie Caproni
- Sept. 5, 2023
Background
Jovan Davis filed this action seeking review of the Social Security Administration’s denial of his application for disability insurance benefits and supplemental security income. Davis later moved for judgment on the pleadings, which is a request for judgment based on the written court filings without a trial. The Commissioner of Social Security filed a cross-motion for the same type of judgment.
Report and recommendation
The Court had referred the case to Magistrate Judge Barbara C. Moses for pretrial management and recommendations on motions that could resolve the case. Judge Moses recommended denying Davis’s motion, granting the Commissioner’s cross-motion, and dismissing the case. The recommendation notified the parties that they had 14 days to file written objections and that failing to object could waive objections and prevent appellate review.
Neither party filed objections. The district court therefore reviewed the recommendation for clear error, meaning an obvious mistake apparent from the record. Judge Caproni stated that careful review showed no clear error.
Ruling
The court adopted the report and recommendation in full. It DENIED Davis’s motion for judgment on the pleadings, GRANTED the Commissioner’s cross-motion for judgment on the pleadings, and DISMISSED the case. The court also directed the Clerk of Court to enter judgment, terminate the pending motions, and close the case. Because the parties had been warned about the consequences of failing to object, the court stated that their failure to object precluded appellate review of the decision.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.