Opinion
Civil Action 6:20-CV-00014
10-26-2021
CHERYL WELLS, Plaintiff, v. ANDREW M. SAUL, Commissioner of Social Security, Defendant.
ORDER ACCEPTING MEMORANDUM AND RECOMMENDATION
DREW B. TIPTON, UNITED STATES DISTRICT JUDGE
Pending before the Court is the June 10, 2021 Memorandum and Recommendation (“M&R”) signed by Magistrate Judge Julie K. Hampton. (Dkt. No. 19). In the M&R, Magistrate Judge Hampton recommends that the Court: (1) deny Plaintiff Cheryl Wells's Motion for Summary Judgment, (Dkt. No. 14); (2) grant the Commissioner of Social Security's Motion for Summary Judgment, (Dkt. No. 18); and (3) dismiss Wells's appeal of the Commissioner's decision denying her application for Social Security disability benefits.
A federal “court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g).
The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). No. party filed objections. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). 1
No plain error appears. Accordingly, the Court ACCEPTS the M&R as the Court's Memorandum Opinion and Order. The Court DENIES Plaintiff Cheryl Wells's Motion for Summary Judgment. (Dkt. No. 14). The Court GRANTS the Commissioner of Social Security's Motion for Summary Judgment. (Dkt. No. 18). Finally, the Court AFFIRMS the decision of the Commissioner of Social Security.
It is SO ORDERED. 2