Charles v. Saul

UNITED STATES DISTRICT COURT August 19, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

MELINDA PEREZ CHARLES, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:21-CV-00120 § ANDREW SAUL, § § Defendant. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION On August 2, 2022, United States Magistrate Judge Julie K. Hampton issued her “Memorandum and Recommendation” (M&R, D.E. 22), recommending that the Administrative Law Judge’s determination be reversed and remanded. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed.

When no timely objection to a magistrate judge’s M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s M&R. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).

Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 22), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, Plaintiff Charles’s motion for summary judgment (D.E.

14) is GRANTED, Defendant Commissioner’s construed motion for summary judgment (D.E. 18) is DENIED, and the Commissioner’s denial of disability benefits is REVERSED AND REMANDED for further consideration.

ORDERED on August 18, 2022. [ely GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE 2/2