Williams v. Commissioner of Social Security Administration

District Court, E.D. Texas

Williams v. Commissioner of Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

DENERIKA WILLIAMS, § § § Plaintiff, § § v. § CIVIL ACTION NO. 5:24-CV-184-RWS-JBB § COMMISIONER OF SOCIAL SECURITY § ADMINISTRATION, § § § Defendant. §

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The above-captioned case was heretofore referred to United States Magistrate Judge J. Boone Baxter pursuant to

28 U.S.C. § 636

. On March 28, 2025, the Magistrate Judge issued a report and recommendation, recommending Defendant Commissioner’s motion to dismiss (Docket No. 7) be granted and that the above-captioned case be dismissed without prejudice. Plaintiff Denerika Williams, proceeding pro se, received a copy of the Report and Recommendation of the United States Magistrate Judge (Docket No. 9) via electronic notice on March 28, 2025. See Docket No. 3. No objections have been filed to date. Because no objections have been received, the parties are 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,

858 F.3d 348, 352

(5th Cir. 2017); Arriaga v. Laxminarayan, No. 4:21-CV- 00203-RAS,

2021 WL 3287683

, at *1 (E.D. Tex. July 31, 2021). The Court, having reviewed the Report and Recommendation, is of the opinion that the findings and conclusions of the Magistrate Judge are correct. See United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989) (explaining that when no objections to a magistrate judge’s report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law’). Therefore, the Court hereby adopts the Report and Recommendation of the United States Magistrate Judge as the findings and conclusions of this Court. Accordingly, it is hereby ORDERED that Defendant Commissioner’s motion to dismiss (Docket No. 7) is GRANTED. It is further ORDERED that the above-captioned case is DISMISSED WITHOUT PREJUDICE.

So ORDERED and SIGNED this 17th day of April, 2025.

[dohert LU Llrpectsr G2. ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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