Shirley Small v. Secretary of Health and Human Services

This is a motion to dismiss an appeal from an order of the United States District Court for the Southern District of New York, Edelstein, J., granting defendant-ap-pellee’s motion to dismiss the complaint for lack of subject matter jurisdiction. Defendant-appellee Secretary of Health and Human Services (the Secretary) moves to dismiss plaintiff’s appeal for failure to object to the magistrate’s report and recommendation, which the district court adopted. The motion was argued before this Court on October 17, 1989, at which time we denied the Secretary’s motion. We write to clarify the basis…