Opinion
5:22-CV-111-H-BQ
08-04-2023
DONNA A., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
JAMES WESLEY HENDRIX, UNITED STATES DISTRICT JUDGE
United States Magistrate Judge D. Gordon Bryant made Findings, Conclusions, and a Recommendation (FCR) regarding the final adverse decision of the Commissioner of Social Security on July 17, 2023. See Dkt. No. 23. Judge Bryant recommended that the Court vacate the Commissioner's decision and remand the case to the Commissioner of Social Security for further proceedings. Id. at 1, 13.
Where no specific objections are filed within 14 days after a party is served with a copy of the FCR, the Court must review the FCR only for plain error. See Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1417 (5th Cir. 1996), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1); Serrano v. Customs & Border Patrol, U.S. Customs & Border Prot., 975 F.3d 488, 502 (5th Cir. 2020). No objections were filed within the 14-day period.
The Court has examined the record and reviewed the FCR for plain error. Finding none, the Court accepts and adopts the FCR (Dkt. No. 23). The Court vacates the final adverse decision of the Commissioner and remands this case to the Commissioner of Social Security for further proceedings consistent with the FCR.
So ordered.