Luces v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOHNNY D. L. LUCES, Plaintiff, v. No. 1:21-cv-00268-KWR-JHR KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.

ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION DENYING PLAINTIFF’S MOTION FOR REMAND AND AFFIRMING THE COMMISSIONER’S DISABILITY DECISION Before the Court is Plaintiff Johnny D. L. Luces’s Motion to Remand to Agency. [Doc. 27]. Pursuant to 28 U.S.C. §§ 636(b)(1)(B), (b)(3), and Virginia Beach Savings & Loan Assoc. v. Wood, 901 F.2d 849 (10th Cir. 1990), this case was referred to Magistrate Judge Jerry H. Ritter to conduct all warranted hearings, perform necessary legal analysis, and recommend to the Court an ultimate disposition of the case. [See Doc. 23]. Judge Ritter entered his Proposed Findings and a Recommended Disposition on March 15, 2023, in which he analyzed the matters briefed by the parties and recommended that this Court deny Luces’s motion. [Doc. 38].

Pursuant to 28 U.S.C. § 636(b)(1), the parties were given fourteen days to object to Judge Ritter’s proposed findings, analysis, and recommended disposition. [See Doc. 23]. The deadline for objections passed and neither party objected. The Court has performed a de novo review of Judge Ritter’s Proposed Findings and Recommended Disposition and finds no error in them.

IT IS HEREBY ORDERED that the Magistrate Judge’s Proposed Findings and Recommended Disposition [Doc. 38] are ADOPTED by the Court; and IT IS FURTHER ORDERED that Plaintiff's Motion to Remand to Agency [Doc. 27] is DENIED and the Commissioner’s Final Decision is AFFIRMED. % KEA IGGS UNITED STATES DISTRICT JUDGE