Silva v. Kijakazi

District Court, S.D. Texas

Silva v. Kijakazi

Trial Court Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT January 06, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION BERNADETTE SILVA, § § Plaintiff, § CIVIL ACTION NO. 2:21-CV-00301 KILOLO KIJAKAZI, : Defendant. : ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 17). The M&R recommends that the Court deny Plaintiff's motion for summary judgment, (D.E. 14), grant Defendant’s motion for summary judgment, (D.E. 16), and dismiss this case. (D.E. 17, p. 1, 17). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

28 U.S.C. § 636

(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp.,

512 F. Supp. 3d 741

, 743-44 (S.D. Tex. 2021) (Eskridge, J.). Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 17). Accordingly, the Court DENIES Plaintiff's motion for summary judgment, (D.E. 14), and GRANTS Defendant’s motion for summary judgment, (D.E. 16). As such, Plaintiff's complaint is DISMISSED. (D.E. 1). A final

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judgment will be entered separately. SO ORDERED. | DA S. MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas January 5, 2023

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Reference

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