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Thomas v. Kijakazi

United States District Court, W.D. Texas, Austin Division
Feb 27, 2024
1:23-cv-1063-DII (W.D. Tex. Feb. 27, 2024)

Opinion

1:23-cv-1063-DII

02-27-2024

EVERTON EVERALL THOMAS, Plaintiff, v. KILOLO KIJAKAZI, in her Official Capacity as Acting Commissioner of the Social Security Administration, Defendant.


ORDER

ROBERT PITMAN, UNITED STATES DISTRICT JUDGE

Before the Court is the report and recommendation of United States Magistrate Judge Susan Hightower concerning Defendant Kilolo Kijakazi's (in her Official Capacity as Acting Commissioner of the Social Security Administration, “Defendant”) Motion to Dismiss, (Dkt. 3). (R. & R., Dkt. 8). Plaintiff Everton Everall Thomas (“Plaintiff”) filed objections to the report and recommendation. (Objs., Dkt. 11).

A party may serve and file specific, written objections to a magistrate judge's findings and recommendations within fourteen days after being served with a copy of the report and recommendation and, in doing so, secure de novo review by the district court. 28 U.S.C. § 636(b)(1)(C). Because Plaintiff objected to the report and recommendation, the Court reviews the report and recommendation de novo. Having done so and for the reasons given in the report and recommendation, the Court overrules Plaintiff's objections and adopts the report and recommendation as its own order.

Accordingly, the Court ORDERS that the report and recommendation of United States Magistrate Judge Susan Hightower, (Dkt. 8), is ADOPTED.

IT IS FURTHER ORDERED that Defendant's Motion to Dismiss, (Dkt. 3), is GRANTED.

IT IS FINALLY ORDERED that Plaintiff's claims against Defendant are DISMISSED for lack of subject matter jurisdiction.

The Court will enter final judgment by separate order.


Summaries of

Thomas v. Kijakazi

United States District Court, W.D. Texas, Austin Division
Feb 27, 2024
1:23-cv-1063-DII (W.D. Tex. Feb. 27, 2024)
Case details for

Thomas v. Kijakazi

Case Details

Full title:EVERTON EVERALL THOMAS, Plaintiff, v. KILOLO KIJAKAZI, in her Official…

Court:United States District Court, W.D. Texas, Austin Division

Date published: Feb 27, 2024

Citations

1:23-cv-1063-DII (W.D. Tex. Feb. 27, 2024)