Rodriguez v. Commissioner of Social Security
- Jesse Furman
- 1:23-cv-04554
- U.S. District Court · Southern District of New York
- 2
Rodriguez v. Commissioner of Social Security: Judge Furman dismissed Rodriguez’s complaint as untimely after adopting the magistrate judge’s recommendation.
WENDYZ RODRIGUEZ’s Social Security case was dismissed as untimely; the Commissioner’s motion to dismiss was granted through adoption of the magistrate judge’s recommendation.
What happened
In Rodriguez v. Commissioner of Social Security, the Commissioner asked the court to dismiss WENDYZ RODRIGUEZ’s complaint. A magistrate judge recommended granting that request, and Rodriguez did not file objections or ask for more time.
The court said Rodriguez filed the complaint too late. It concluded that the complaint was not filed within 65 days after Rodriguez received the Appeals Council notice on May 3, 2022, and that neither the complaint nor the record supported a different conclusion.
Judge Jesse M. Furman adopted the recommendation in full and dismissed the complaint. He also ruled that Rodriguez waived the right to object to the recommendation or obtain appellate review, directed the clerk to close the case, and ordered that a copy of the order be mailed to Rodriguez.
The detailed version
- Rodriguez v. Commissioner of Social Security · No. 1:23-cv-04554
- Jesse Furman
- Feb. 5, 2024
Background
The Commissioner of Social Security moved to dismiss Rodriguez’s case. The motion was referred to Magistrate Judge Barbara C. Moses, who issued a Report and Recommendation on January 10, 2024, recommending that the motion be granted. A Report and Recommendation is a magistrate judge’s proposed decision for review by the district judge.
The district court had given the parties 14 days after service of the Report and Recommendation to file objections and warned that failing to object on time would waive the right to object. Rodriguez filed no objections and did not request an extension. The court therefore held that she waived the right to object to the recommendation or to obtain appellate review. Even so, the court reviewed the complaint and the recommendation and found the recommendation well reasoned and supported by the facts and law.
Ruling
The court held that Rodriguez’s complaint was not timely filed. Specifically, it concluded that the complaint was not filed within 65 days after Rodriguez received the Appeals Council Notice on May 3, 2022, and that neither the complaint nor the record supported a contrary conclusion. Judge Furman adopted the Report and Recommendation in its entirety and dismissed the complaint.
The clerk was directed to terminate Docket No. 19, close the case, and mail Rodriguez a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.