Cizek v. Saul
Cizek v. Saul
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION SCARLETT CIZEK, § § § CIVIL ACTION NO. 5:19-CV-00164-RWS-CMC Plaintiff, § § v. § § § COMMISSIONER OF SOCIAL § SECURITY ADMINISTRATION, § § Defendant. ORDER The above-entitled and numbered civil action was referred to United States Magistrate Judge Caroline M. Craven pursuant to
28 U.S.C. § 636. The Report of the Magistrate Judge, which contains her proposed findings of fact and recommendations for disposition of such action, has been presented for consideration (Docket No. 12). No objections to the Report and Recommendation have been filed. Because no objections to the Magistrate Judge’s Report have been filed, neither party is entitled to de novo review by the District Judge of those findings, conclusions and recommendations, and except upon grounds of plain error, they are barred from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. 28 U.S.C § 636(b)(1)(C); Douglass v. United Services Automobile Assoc.,
79 F.3d 1415, 1430(5th Cir. 1996) (en banc). Nonetheless, the Court has reviewed the parties’ briefing and the Magistrate Judge’s Report and agrees with the Report. See United States v. Raddatz,
447 U.S. 667, 683(1980) (“[T]he statute permits the district court to give to the magistrate’s proposed findings of fact and recommendations ‘such weight as [their] merit commands and the sound discretion of the judge warrants.’ ”) (quoting Mathews v. Weber,
23 U.S. 261, 275 (1976)). Accordingly, the Court hereby ADOPTS the Report of the Magistrate Judge as the findings and conclusions of this Court. It is therefore ORDERED that Plaintiff Scarlett Cizek’s above-entitled Social Security action is REVERSED AND REMANDED. It is further ORDERED that all motions not previously ruled on are DENIED-AS-MOOT, and the referral order is VACATED.
SIGNED this 10th day of February, 2021.
[ooher t LO triwecte G2 ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE
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