Garza v. Commissioner Of Social Security

UNITED STATES DISTRICT COURT July 19, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

JOSEFINA GARZA, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:22-CV-00168 § COMMISSIONER OF SOCIAL § SECURITY, § § Defendant. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION On June 6, 2023, United States Magistrate Judge Julie K. Hampton issued a Memorandum and Recommendation (M&R, D.E. 15) regarding the disposition of this action. 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. 15), 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 / 2 Magistrate Judge. Accordingly, Garza's Motion for Summary Judgment (D.E. 11) is GRANTED and the Commissioner’s Motion for Summary Judgment (D.E. 12, 13) is DENIED. Consequently, the Commissioner’s denial of supplemental security income is REVERSED and REMANDED for further consideration.

ORDERED on July 19, 2023. loeke GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE 2/2