Honeycutt v. Berryhill
Honeycutt v. Berryhill
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION LORI BETH HONEYCUTT, § Plaintiff, § § § v. § CASE NO. 6:19cv172-JDK-KNM § § COMMISSIONER, SOCIAL § SECURITY ADMINISTRATION, § Defendant. § ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE This case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to
28 U.S.C. § 636. On September 1, 2020, the Magistrate Judge issued a Report and Recommendation (Docket No. 16) recommending that the Commissioner’s final decision be affirmed and this action dismissed with prejudice. No written objections have been filed. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation.
28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n,
79 F.3d 1415, 1430(5th Cir. 1996) (en banc), superseded on other grounds by statute,
28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days). Here, Plaintiff did not file objections. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and her conclusions to determine if they are contrary to law. See United States v. Wilson,
864 F.2d 1219, 1221(5th Cir. 1989), cert. denied,
492 U.S. 916(1989) (holding that the standard of review is “clearly erroneous, abuse of discretion and contrary to law” if no objections to a Magistrate Judge’s Report are filed). Having reviewed the Magistrate Judge’s Report and Recommendation, the Court finds no clear error or abuse of discretion and no conclusions contrary to law. Therefore, the Court adopts the Report and Recommendation of the United States Magistrate Judge as the findings of this Court. Accordingly, the Magistrate Judge’s Report (Docket No. 16) is ADOPTED. The Commissioner’s final decision is AFFIRMED and the above-styled civil action is DISMISSED WITH PREJUDICE. All pending motions are DENIED as MOOT. So ORDERED and SIGNED this 24th day of September, 2020. qe D Korb JERQMY D RERNODIE UNITED STATES DISTRICT JUDGE
Reference
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