Phenix v. Commissioner, Social Security Administration

District Court, N.D. Texas

Phenix v. Commissioner, Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION PROKINYER P., Plaintiff, v. No. 5:20-CV-245-H-BO KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE United States Magistrate Judge D. Gordon Bryant made Findings, Conclusions, and a Recommendation (FCR) regarding the final adverse decision of the Commissioner of Social Security on February 3, 2022. Dkt. No. 23. Judge Bryant recommended that the Court affirm the Commissioner’s decision. Jd. at 16, Where no specific objections are filed within 14 days after a party is served with a copy, the Court must review the Magistrate Judge’s findings, conclusions, and recommendation only for plain error. See Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1417

(Sth Cir. 1996), superseded by statute on other grounds,

28 U.S.C. § 636

(b)(1); Serrano v. Customs & Border Patrol, U.S. Customs & Border Prot.,

975 F.3d 488

, 502 (5th Cir. 2020). No objections were filed within the 14-day period. The Court has examined the record and reviewed the FCR for plain error. Finding none, the Court accepts and adopts the FCR (Dkt. No. 23). The Court affirms the final adverse decision of the Commissioner, and this case is dismissed.

So ordered on February 2. 2022.

JAMES WESLEY HENDRIX UNITED STATES DISTRICT JUDGE

Reference

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