Johnson v. Commissioner of Social Security
Johnson v. Commissioner of Social Security
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION
SHIRLEAN JOAN JOHNSON, § Plaintiff, § § 6:21-CV-01040-ADA v. § § KILOLO KIJAKAZI, Acting § Commissioner of the Social Security § Administration, § Defendant.
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge Jeffrey C. Manske. ECF No. 14. The Report recommends that this Court affirm the Social Security Administration’s denial of benefits. Id. The Report and Recommendation was filed on November 15, 2022. Id. A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court.
28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm’n,
834 F.2d 419, 421(5th Cir. 1987) (quoting Nettles v. Wainwright,
677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass’n,
79 F.3d 1415(5th Cir. 1996)). Plaintiff filed objections on November 29, 2022. ECF No. 15. The Court has conducted a de novo review of the parties’ briefing the responses, the report and recommendation, the objections to the report and recommendation, and the applicable laws. After that thorough review, the Court is persuaded that the Magistrate Judge’s findings and recommendation should be adopted. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Manske, ECF No. 14, is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's objections are OVERRULED. IT IS FURTHER ORDERED that the final decision of the Commissioner of the Social Security Administration is AFFIRMED. The Court’s Clerk is directed to close this case.
SIGNED this 14th day of April, 2023. ™~s, ot } ALAN D ALBRIGHT UNITED STATES DISTRICT JUDG
Reference
- Status
- Unknown