Opinion
CIVIL ACTION NO. 5:19-CV-00164-RWS-CMC
02-10-2021
SCARLETT CIZEK, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
ORDER
The above-entitled and numbered civil action was referred to United States Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report of the Magistrate Judge, which contains her proposed findings of fact and recommendations for disposition of such action, has been presented for consideration (Docket No. 12). No objections to the Report and Recommendation have been filed. Because no objections to the Magistrate Judge's Report have been filed, neither party is entitled to de novo review by the District Judge of those findings, conclusions and recommendations, and except upon grounds of plain error, they are barred from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. 28 U.S.C § 636(b)(1)(C); Douglass v. United Services Automobile Assoc., 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).
Nonetheless, the Court has reviewed the parties' briefing and the Magistrate Judge's Report and agrees with the Report. See United States v. Raddatz, 447 U.S. 667, 683 (1980) ("[T]he statute permits the district court to give to the magistrate's proposed findings of fact and recommendations 'such weight as [their] merit commands and the sound discretion of the judge warrants.' ") (quoting Mathews v. Weber, 23 U.S. 261, 275 (1976)). Accordingly, the Court hereby ADOPTS the Report of the Magistrate Judge as the findings and conclusions of this Court. It is therefore
ORDERED that Plaintiff Scarlett Cizek's above-entitled Social Security action is REVERSED AND REMANDED. It is further
ORDERED that all motions not previously ruled on are DENIED-AS-MOOT, and the referral order is VACATED.
SIGNED this 10th day of February, 2021.
/s/_________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE