Opinion
21-23740-Civ-COOKE/DAMIAN
11-21-2022
ELEAN PEREZ PEREZ, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
Melissa Damian, U.S. Magistrate Judge.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE
THIS MATTER was referred to the Honorable Melissa Damian, United States Magistrate Judge, under 28 U.S.C. § 636(b)(1)(B) and the Clerk's directive for a ruling on all pre-trial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. See ECF Nos. 2, 16. On March 28, 2021, Plaintiff filed a Motion for Summary Judgment. See ECF No. 18. On May 26, 2022, Defendant filed a Cross-Motion for Summary Judgment and Response to Plaintiffs Motion for Summary Judgment. See ECF No. 21. On November 3, 2022, Judge Damian issued a Report recommending that the Decision of the Commissioner be affirmed, that Plaintiffs Motion for Summary Judgment (ECF No. 18) be denied, and that Defendant's Motion for Summary Judgment (ECF No. 21) be granted. See ECF No. 23. The parties have not filed objections to Judge Damian's Report, and the time to do so has passed.
The Court has reviewed the Report and the relevant record and agrees with the reasoning and recommendations set forth therein. Finding no clear error, the Court AFFIRMS and ADOPTS Judge Damian's Report (ECF No. 23). It is hereby ORDERED and ADJUDGED that Plaintiff's Motion for Summary Judgment (ECF No. 18) is DENIED and that Defendant's Motion for Summary Judgment (ECF No. 21) is GRANTED. The Court will separately issue a final judgment under Federal Rule of Civil Procedure 58. The Clerk shall CLOSE this case. Any pending motions are DENIED as moot.
DONE AND ORDERED.