Thompson v. O'Malley

District Court, S.D. Texas

Thompson v. O'Malley

Trial Court Opinion

Southern District of Texas ENTERED May 01, 2025 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION NATASHA THOMPSON, § Plaintiff, V. § CIVIL ACTION NO. 6:24-CV-00010 MARTIN O’MALLEY, : Defendant. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason B. Libby’s Memorandum and Recommendation (“M&R”). (D.E. 14). The M&R recommends that the Court find that the administrative law judge’s decision was supported by substantial evidence, deny Plaintiff's construed motion for summary judgment, (D.E. 7), grant Defendant’s construed motion for summary judgment, (D.E. 12), affirm the Commissioner’s determination, and dismiss this case with prejudice. /d. at 1, 17. 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

(5th Cir. 1989) (per curiam). 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. 14). Accordingly, the Court e DENIES Plaintiffs motion for summary judgment, (D.E. 7); e GRANTS Defendant’s motion for summary judgment, (D.E. 12); and 1/2

e DISMISSES this case with prejudice, (D.E. 1). The Court will enter a final judgment separately. SO ORDERED. ! / | DA . MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas May /_, 2025

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Reference

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