Burns v. Astrue

Full title: BONNIE M. BURNS, Plaintiff, v. MICHAEL J ASTRUE, Defendant.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Date published: Jan 9, 2015

CIVIL ACTION NO. 4:12-CV-3435 (S.D. Tex. Jan. 9, 2015)

Opinion

CIVIL ACTION NO. 4:12-CV-3435

01-09-2015

BONNIE M. BURNS, Plaintiff, v. MICHAEL J ASTRUE, Defendant.

Kenneth M. Hoyt United States District Judge

ORDER ADOPTING MAGISTRATE'S MEMORANDUM AND RECOMMENDATION AND DISMISSING CASE

Pending before the Court is the Memorandum and Recommendation of United States Magistrate Judge George C. Hanks, Jr. On January 7, 2013, this case was referred to Judge Hanks pursuant to 28 U.S.C. § 636(b)(1)(B). (Dkt. No. 3). Pending before Judge Hanks were the plaintiff's Motion for Summary Judgment and the defendant's Motion for Summary Judgment. On December 9, 2014, Judge Hanks filed a Memorandum and Recommendation recommending that the plaintiff's Motion for Summary Judgment be denied, and the Commissioner's Motion be granted. (Dkt. No. 9).

No objections have been filed to the Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also, FED. R. CIV. P. 72(b)(3).

Based on the pleadings, the record and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED AND ADJUDGED that:

(1) Judge Hanks' Memorandum and Recommendation is APPROVED AND ADOPTED in its entirety as the holding of the Court;



(2) The plaintiff's Motion for Summary Judgment is DENIED;

(3) The defendant's Motion for Summary Judgment is GRANTED; and



(4) The case is DISMISSED.

It is so ORDERED.

SIGNED on this 9^th day of January, 2015.

/s/_________

Kenneth M. Hoyt

United States District Judge