Opinion
CIVIL ACTION NO. 2:12-cv-02224
09-14-2014
JOHN ZENO, Plaintiff, v. U.S. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendants.
MAGISTRATE JUDGE KAY
MEMORANDUM RULING
Before the court is the Report and Recommendation [Doc. 13] of the Magistrate Judge, to which the plaintiff has filed Objections to Report and Recommendation [Doc. 14], defendant has filed Response to Objections [Doc. 15], and plaintiff has filed Reply to Defendant's Response to Plaintiff's Objections [Doc. 16].
In plaintiff's Objections to Report and Recommendation [Doc. 14], he raised the issue for the first time of whether the Appeals Council failed to consider evidence of a subsequent favorable ruling. This issue is not properly before the court and therefore cannot be considered because the plaintiff raised this issue for the first time in his objection. "Issues raised for the first time in objections to the magistrate's report are not properly before the district court and therefore are not cognizable on appeal." Valliar v. Chater, 105 F.3d 654, at *2 (5th Cir. 1996). Plaintiff did not raise the issue of the failure to consider the subsequent award of benefits until making objections to the Magistrate Judge's Report and Recommendation and also neglected to explain his failure to brief this issue, so this objection cannot be considered.
For the reasons stated in the Report and Recommendation [Doc. 13] of the Magistrate Judge previously filed herein, after an independent review of the record, a de novo determination of the issues, and having determined that the findings are correct under applicable law,
IT IS ORDERED that the Administrative Law Judge's decision be and hereby is AFFIRMED, and this matter be and hereby is DISMISSED, WITH PREJUDICE.
Lake Charles, Louisiana, this 14 day of September, 2014.
/s/_________
PAIRICIA MINALDI
UNITED STATES DISTRICT JUDGE