Donaghey v. Comm'r, Soc. Sec. Admin.

Full title: WILLIAM KURT DONAGHEY, Plaintiff, v. COMMISSIONER, SOCIAL SECURITY…

Court: United States District Court, E.D. Texas, Tyler Division

Date published: Sep 8, 2023

6:21-cv-275-JDK-KNM (E.D. Tex. Sep. 8, 2023)

Opinion

6:21-cv-275-JDK-KNM

09-08-2023

WILLIAM KURT DONAGHEY, Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant.

JEREMY D. KERNODLE, UNITED STATES DISTRICT JUDGE

ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

JEREMY D. KERNODLE, UNITED STATES DISTRICT JUDGE

The Court referred this case to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636. Judge Mitchell issued a Report and Recommendation on August 18, 2023, recommending that the Commissioner's final decision be affirmed and that this social security action be dismissed with prejudice. Docket No. 19. Plaintiff did not file written objections.

This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1430 (5^th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).

Here, Plaintiff did not object in the prescribed period. The Court therefore reviews the Magistrate Judge's findings for clear error or abuse of discretion and reviews the legal conclusions to determine whether they are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5^th Cir. 1989), cert. denied, 492 U.S. 916 (1989) (holding that the standard of review is “clearly erroneous, abuse of discretion and contrary to law” if no objections to a Magistrate Judge's Report are filed).

Having reviewed the Magistrate Judge's Report and the record in this case, the Court finds no clear error or abuse of discretion and no conclusions contrary to law.

Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 19) as the findings of this Court. The Commissioner's final decision is AFFIRMED and this civil action is DISMISSED WITH PREJUDICE. All pending motions are DENIED as MOOT.

So ORDERED.