Sykes v. Kijakazi, Acting Commissioner of the Social Security Administration

District Court, S.D. Texas

Sykes v. Kijakazi, Acting Commissioner of the Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT August 28, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION MICHAEL E. SYKES, § § Plaintiff, § § v. § Civil Action No. 4:22-CV-02093 § KILOLO KIJAKAZI, § ACTING COMMISSIONER § OF THE SOCIAL SECURITY § ADMINISTRATION, § § Defendant. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the July 21, 2023 Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 19). Judge Bray made findings and conclusions and recommended that Plaintiff’s case be dismissed with prejudice under Federal Rule of Civil Procedure 41(b). Id. The Parties were provided proper notice and the opportunity to object to the M&R. See

28 U.S.C. § 636

(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc.,

434 F.3d 303, 308

(5th Cir. 2005). No plain error appears. It is therefore ordered that: (1) Judge Bray’s M&R, (Dkt. No. 19), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Plaintiff’s Complaint, (Dkt. No. 1), is DISMISSED WITH PREJUDICE under Federal Rule of Civil Procedure 41(b). It is SO ORDERED. Signed on August 26, 2023.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE

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