Cook v. Saul

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00267 Ashley Reshe Cook, Plaintiff, V. Commissioner, Social Security Administration, Defendant.

ORDER Plaintiff Ashley Reshe Cook filed this action pursuant to 42 U.S.C. § 405(g) for judicial review of the commissioner’s decision to end her supplemental security income benefits.

Doc. 1. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636(b). Doc.

3.On May 18,2021, the commissioner filed an unopposed mo- tion to reverse and remand for further administrative pro- ceedings. Doc. 15. The magistrate judge issued a report rec- ommending that the motion be granted. Doc. 16.

Plaintiff did not object to the report and recommendation.

When a party fails to object to a magistrate judge’s report, the court reviews the record only for clear error. See Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996).

Having reviewed the magistrate judge’s report, and being sat- isfied that it contains no clear error, the court accepts its find- ings and recommendation. The court grants the motion to re- verse with remand. The court reverses the commissioner’s fi- nal administrative decision and remands the matter to the commissioner for further administrative proceedings pursu- ant to the fourth sentence of 42 U.S.C. § 405(g).

So ordered by the court on June 4, 2021. bilo.

J. CAMPBELL BARKER United States District Judge