Wells v. Saul
Wells v. Saul
Trial Court Opinion
UNITED STATES DISTRICT COURT October 26, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk VICTORIA DIVISION CHERYL WELLS, § § Plaintiff, § § v. § Civil Action No. 6:20-CV-00014 § ANDREW M. SAUL, Commissioner of § Social Security, § § Defendant. § ORDER ACCEPTING MEMORANDUM AND RECOMMENDATION Pending before the Court is the June 10, 2021 Memorandum and Recommendation (“M&R”) signed by Magistrate Judge Julie K. Hampton. (Dkt. No. 19). In the M&R, Magistrate Judge Hampton recommends that the Court: (1) deny Plaintiff Cheryl Wells’s Motion for Summary Judgment, (Dkt. No. 14); (2) grant the Commissioner of Social Security’s Motion for Summary Judgment, (Dkt. No. 18); and (3) dismiss Wells’s appeal of the Commissioner’s decision denying her application for Social Security disability benefits.1 The Parties were provided proper notice and the opportunity to object to the M&R. See
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed objections. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc.,
434 F.3d 303, 308(5th Cir. 2005).
1 A federal “court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.”
42 U.S.C. § 405(g). No plain error appears. Accordingly, the Court ACCEPTS the M&R as the Court’s Memorandum Opinion and Order. The Court DENIES Plaintiff Cheryl Wells’s Motion for Summary Judgment. (Dkt. No. 14). The Court GRANTS the Commissioner of Social Security’s Motion for Summary Judgment. (Dkt. No. 18). Finally, the Court AFFIRMS the decision of the Commissioner of Social Security. It is SO ORDERED. Signed on October 25, 2021. Dew & DREW B. TIPTON UNITED STATES DISTRICT JUDGE
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