Bazan v. O'Malley

Souther District of Texas ENTERED July 03, 2025 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION KRISTOPHER BAZAN, § Plaintiff, V. § CIVIL ACTION NO. 2:24-CV-00282 MARTIN O’MALLEY, ef ai., Defendants. : ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (“M&R”). (D.E. 16). The M&R recommends that the Court grant the unopposed motion to remand, reverse the Commissioner’s denial of benefits, and remand the case for further consideration. /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. Crv. 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). 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. 16).

Accordingly, the Court GRANTS the unopposed motion to remand, (D.E. 15), REVERSES the Commissioner’s denial of disability benefits, and REMANDS for further consideration. A final judgment will issue separately.

1/2 SO ORDERED. | ! [ DAVID-S? MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus (hristi, Texas July $7 _, 2025 2/2