Gaston v. O'Malley, Commissioner of the Social Security Administration
Gaston v. O'Malley, Commissioner of the Social Security Administration
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:24-cv-00384 Brian Gaston, Plaintiff, V. Martin O’Malley, Commissioner of the SSA, Defendant.
ORDER Plaintiff Brian Gaston filed this action seeking judicial review of an unfavorable decision by the commissioner concerning enti- tlement to benefits. Doc. 1. The case was referred to a magistrate judge pursuant to
28 U.S.C. § 636(b). Defendant filed an unopposed motion to reverse and remand, agreeing to offer plaintiff the opportunity for another hearing. Doc. 14 at 2. The magistrate judge issued a report recommending that defendant’s motion to reverse and remand be granted. Doc. 15. The parties did not file written objections. When no party objects to the magistrate judge’s report, the court reviews the record only for clear error. See Douglass ». United Servs. Auto. Ass’n,
79 F.3d 1415, 1420(5th Cir. 1996). Hav- ing reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommendation. Defendant’s motion to reverse and remand (Doc. 14) is granted. The commissioner’s final decision is re- versed, and the matter is remanded for further administrative pro- ceedings pursuant to the fourth sentence of
42 U.S.C. § 405(g). Any pending motions are denied as moot. So ordered by the court on April 25, 2025.
J! CAMPBELL BARKER United States District Judge
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Reference
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