Chapa v. O'Malley

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT vanuary 03, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION CHIVA CHAPA, § Plaintiff, : CIVIL ACTION NO. 2:24-CV-00131 MARTIN O’MALLEY, Defendant.

ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (“M&R”). (D.E. 12). The M&R recommends that the Court grant Defendant’s unopposed motion to reverse and remand. /d. at 2.

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); Powell vy. Litton Loan Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015) (Harmon, J.) (citation omitted).

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. 12). Accordingly, the Court GRANTS Defendant’s unopposed motion to reverse and remand. (D.E. 11). Pursuant to sentence four of 42 U.S.C. § 405(g), the Court REVERSES and REMANDS the Commissioner’s denial 1/2 of disability benefits for further consideration. The Court will enter final judgment separately. FED. R. Clv. P. 58; see also Shalala v. Schaefer, 509 U.S. 292, 297-98 (1993).

SO ORDERED.

S. MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas January3 ~, 2025 2/2