Donna M.L. v. Commissioner of Social Security
- Rochon
- 1:23-cv-05143
- U.S. District Court · Southern District of New York
- 2
In Donna M.L. v. Commissioner of Social Security, Judge Rochon adopted a recommendation granting Donna M.L. judgment and remanding for further proceedings.
Donna M.L. and the Commissioner of Social Security; the case was remanded for further administrative proceedings.
What happened
Donna M.L. v. Commissioner of Social Security concerns Donna M.L.’s request for judgment based on the parties’ written filings. The opinion does not explain the underlying Social Security dispute.
A magistrate judge recommended granting Donna M.L. judgment and sending the matter back for additional administrative proceedings. Neither party filed objections by the deadline.
Judge Jennifer L. Rochon reviewed the recommendation for clear error, adopted it in full, and directed the Clerk of Court to enter judgment for Donna M.L. The opinion states that the lack of timely objections precludes appellate review.
The detailed version
- Donna M.L. v. Commissioner of Social Security · No. 1:23-cv-05143
- Rochon
- Feb. 2, 2024
Background
Donna M.L. filed this action against the Commissioner of Social Security. She later requested judgment on the pleadings, meaning a decision based on the parties’ written submissions. The Commissioner opposed her request and sought judgment in the Commissioner’s favor.
On January 17, 2024, the magistrate judge issued a Report and Recommendation advising that Donna M.L. be granted judgment on the pleadings and that the matter be remanded for further administrative proceedings. The opinion does not state the underlying Social Security issue or the specific reasons for the recommended remand.
Review of the Recommendation
Objections to the Report and Recommendation were due January 31, 2024. Neither party filed objections. Because there were no timely objections, Judge Rochon reviewed the recommendation for clear error on the face of the record rather than conducting the more extensive review that would follow timely objections.
Ruling
The Court found that the recommendation was sound, supported by fact and law, and not clearly erroneous. Judge Rochon therefore adopted the Report and Recommendation in its entirety and directed the Clerk of Court to enter judgment in favor of Donna M.L. The opinion also states that the lack of timely objections, after clear notice of the consequences, precludes appellate review of the decision.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.