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

UNITED STATES DISTRICT COURT January 04, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

ANITA PRADO BUSTOS, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:23-CV-00003 § KILOLO KIJAKAZI, ACTING § COMMISSIONER OF THE SOCIAL § SECURITY ADMINISTRATION, § § Defendant. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION On December 5, 2023, United States Magistrate Judge Julie K. Hampton issued her “Memorandum and Recommendation” (D.E. 17), recommending that this action be reversed and remanded. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s memorandum and recommendation. 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 memorandum and recommendation 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 memorandum and recommendation. 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 memorandum and recommendation (D.E. 17), 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 Magistrate Judge. Accordingly, Bustos’s motion for summary judgment (D.E. 12) is GRANTED IN PART, the Commissioner’s motion for summary judgment (D.E. 15) is DENIED IN PART, and the Commissioner’s denial of supplemental security income is REVERSED AND REMANDED for further consideration.

ORDERED on January 4, 2024.

UNITED STATES DISTRICT JUDGE 2/2