Bien v. Commissioner, Social Security Administration
Bien v. Commissioner, Social Security Administration
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS ABILENE DIVISION CHAREILA LL.B, Plaintiff, Vv. No. 1:20-CV-212-H-BU KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE United States Magistrate Judge John R. Parker made Findings, Conclusions, and a Recommendation (FCR) in this case on October 19, 2022. Dkt. No. 41. Judge Parker recommended that the Court dismiss the case without prejudice for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b). Jd. No objections to the FCR were filed. The District Court has therefore reviewed the proposed FCR for plain error. See U.S. ex rel. Steury v. Cardinal Health, Inc.,
735 F.3d 202, 205 n.2 (Sth Cir. 2013) (“[P]lain error review applies when a party did not object to a magistrate judge’s findings of fact, conclusions of law, or recommendation to the district court, so long as the party was served with notice of the consequences of failing to object.”) (citing Douglass v. United Servs. Auto, Ass’n,
79 F.3d 1415, 1428(Sth Cir. 1996) (en banc), superseded on other grounds by
28 U.S.C. § 636(b)(1)). Finding no error, plain or otherwise, the Court accepts the FCR of the United States Magistrate Judge.
The plaintiffs claims against the defendant are dismissed without prejudice. The Court will enter a judgment in accordance with Federal Rule of Civil Procedure 58 ina separate document. So ordered on November 2022.
te paten. UNITED STATES DISTRICT JUDGE
Reference
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