Dinkins v. O'Malley, Commissioner of the Social Security Administration
Dinkins v. O'Malley, Commissioner of the Social Security Administration
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION
LARHONDA DINKINS, § § Plaintiff, § § v. § CIVIL ACTION NO. 5:24-CV-8-RWS-JBB § MARTIN O’MALLEY, § COMMISSIONER OF THE SOCIAL § SECURITY ADMINISTRATION, § § Defendant. §
ORDER Before the Court is the Report and Recommendation of the United States Magistrate Judge, which recommends the above-entitled social security action be reversed and remanded. Docket No. 13. Plaintiff Larhonda Dinkins initiated this action pursuant to
42 U.S.C. § 405(g), seeking judicial review of the denial of her application for social security benefits. Docket No. 1. The case was referred to United States Magistrate Judge J. Boone Baxter in accordance with
28 U.S.C. § 636. Because no objections have been received, any aggrieved party is barred from de novo review by the District Judge of the Magistrate Judge’s proposed findings, conclusions and recommendations. Moreover, except upon grounds of plain error, an aggrieved party is barred from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. See Duarte v. City of Lewisville, Texas,
858 F.3d 348, 352(5th Cir. 2017); Arriaga v. Laxminarayan, Case No. 4:21-CV-00203-RAS,
2021 WL 3287683, at *1 (E.D. Tex. July 31, 2021). The Court has reviewed the pleadings in the above-captioned case and the Report and Recommendation of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See United States v. Wilson,
864 F.2d 1219, 1221(Sth Cir.), cert. denied,
492 U.S. 918(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review 1s “clearly erroneous, abuse of discretion and contrary to law’). Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge (Docket No. 13) is ADOPTED as the opinion of the District Court. It is further ORDERED that Plaintiff's above-entitled Social Security action is hereby REVERSED AND REMANDED.
So ORDERED and SIGNED this 24th day of February, 2025.
[ache t+ LO Clrreche. □□□ ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE
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