Harmon v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION YVONNE HARMON PLAINTIFF vs. CIVIL ACTION NO.: 3:23-CV-195-HTW-RPM COMMISSIONER OF SOCIAL SECURITY DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION

BEFORE THE COURT is the Report and Recommendation of United States Magistrate Judge Robert P. Myers, Jr, filed in the above-captioned matter on August 6, 2024. [Docket No. 15]. Magistrate Judge Myers ultimately recommended that this Court affirm the Commissioner’s final decision. Id. at 9. Magistrate Judge Myers directed the parties to file any objections within fourteen (14) days. Id. at 9–10. Neither party has filed an objection to date, and the time to do so has expired.1 Magistrate Judge Myers carefully considered the submissions of the parties, the record, and relevant law, and crafted a sound Report and Recommendation. This Court ADOPTS Magistrate Judge Myers’ Report and Recommendation. Accordingly, the Commissioner’s final “[A] party’s failure to file written objections to the proposed findings, conclusions, and recommendation in a magistrate judge’s report and recommendation … after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court, provided that the party has been served with notice that such consequences will result from a failure to object.” Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1428–29 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1). Here, Judge Myers’ report explicitly warned Plaintiff of the Douglass rule. [Docket No. 15] at 9–10; see Charles v. Kijakazi, 855 F. App’x 981, 982 (5th Cir. 2021). decision is AFFIRMED, and this action is DISMISSED with prejudice, with the parties to bear their own costs.

SO ORDERED AND ADJUDGED this the 21st day of September , 2024.

/s/ HENRY T. WINGATE HENRY T. WINGATE UNITED STATES DISTRICT COURT JUDGE