Rodriguez v. Commissioner of Social Security
- Jesse Furman
- 1:23-cv-04554
- U.S. District Court · Southern District of New York
- 1
In WENDYZ RODRIGUEZ v. COMMISSIONER OF SOCIAL SECURITY, Judge Furman set objection deadlines for a recommendation to dismiss Rodriguez’s claims as time-barred.
WENDYZ RODRIGUEZ and the Commissioner of Social Security; the order primarily affects the parties’ deadlines for objecting and responding to the Report and Recommendation.
What happened
In WENDYZ RODRIGUEZ v. COMMISSIONER OF SOCIAL SECURITY, a magistrate judge recommended granting the Commissioner’s unopposed motion to dismiss Rodriguez’s claims as filed too late.
Judge Furman ordered Rodriguez to file any objections by January 29, 2024, and the Commissioner to respond by February 12, 2024. The order warned that failing to object could waive objections and prevent appellate review. It also directed the Clerk to mail Rodriguez a copy of the order and the recommendation.
Judge Jesse M. Furman issued the order on January 11, 2024. The opinion sets deadlines for reviewing the recommendation; it does not itself state that the recommendation was adopted or that the claims were dismissed.
The detailed version
- Rodriguez v. Commissioner of Social Security · No. 1:23-cv-04554
- Jesse Furman
- Jan. 11, 2024
Background
Magistrate Judge Moses filed a Report and Recommendation on January 10, 2024. The report recommended granting the Commissioner’s unopposed motion to dismiss WENDYZ RODRIGUEZ’s claims as time-barred, meaning the claims were allegedly filed after the applicable deadline.
Order
Judge Furman directed WENDYZ RODRIGUEZ to submit any written objections to the recommendation by January 29, 2024. The Commissioner could file a response by February 12, 2024. The order stated that failing to object by the deadline would waive objections and prevent appellate review. The Clerk was directed to mail WENDYZ RODRIGUEZ a copy of the order and the Report and Recommendation.
Disposition and effect
This order establishes the objection and response deadlines. The opinion does not say that Judge Furman adopted the Report and Recommendation or granted the motion to dismiss. It therefore does not itself state a final dismissal of the claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.