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Sykes v. Kijakazi

United States District Court, Southern District of Texas
Aug 28, 2023
Civil Action 4:22-CV-02093 (S.D. Tex. Aug. 28, 2023)

Opinion

Civil Action 4:22-CV-02093

08-28-2023

MICHAEL E. SYKES, Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.


ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

DREW B. TIPTON UNITED STATES DISTRICT JUDGE

Pending before the Court is the July 21, 2023 Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 19). Judge Bray made findings and conclusions and recommended that Plaintiff's case be dismissed with prejudice under Federal Rule of Civil Procedure 41(b). Id.

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 an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears.

It is therefore ordered that:

(1) Judge Bray's M&R, (Dkt. No. 19), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and

(2) Plaintiff's Complaint, (Dkt. No. 1), is DISMISSED WITH PREJUDICE under Federal Rule of Civil Procedure 41(b).

It is SO ORDERED.


Summaries of

Sykes v. Kijakazi

United States District Court, Southern District of Texas
Aug 28, 2023
Civil Action 4:22-CV-02093 (S.D. Tex. Aug. 28, 2023)
Case details for

Sykes v. Kijakazi

Case Details

Full title:MICHAEL E. SYKES, Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF…

Court:United States District Court, Southern District of Texas

Date published: Aug 28, 2023

Citations

Civil Action 4:22-CV-02093 (S.D. Tex. Aug. 28, 2023)