Saldana v. Commissioner, Social Security Administration

District Court, N.D. Texas

Saldana v. Commissioner, Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS SAN ANGELO DIVISION JERRY S., Plaintiff, Vv. No. 6:21-CV-038-H KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE On August 1, 2022, United States Magistrate Judge John R. Parker made Findings, Conclusions, and a Recommendation (FCR) in this case. Dkt. No. 23. Judge Parker recommended that the Court reverse and remand the case to the Commissioner of Social Security for further proceedings. Jd. at 1. No objections to the FCR were filed. Where no specific objections are filed within the 14-day period, the Court reviews 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(Sth Cir. 1996), superseded by statute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). The Court has reviewed the FCR for plain

error. Finding none, the Court accepts and adopts the FCR of the Magistrate Judge. Dkt. No. 23. Accordingly, the decision of the Administrative Law J udge is reversed, and the case is remanded to the Commissioner of Social Security for further proceedings. The Court will

enter a separate judgment in accordance with Federal Rule of Civil Procedure 58.

So ordered on August GL , 2022.

JAMES WESLEY HENDRIX UNITED STATES DISTRICT JUDGE

Reference

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