Magee v. Commissioner of Social Security

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS,re 13 Report and Recommendation of United States Magistrate Judge John M. Roper entered in this cause on July 18, 2013. Signed by Chief District Judge Louis Guirola, Jr on 8/6/13 (PKS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
VICKIE D. MAGEE
v.

PLAINTIFF
CAUSE NO. 1:12CV188 LG-JMR

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
This cause comes before the Court on the Report and Recommendation [13] of
United States Magistrate Judge John M. Roper entered in this cause on July 18,
2013. Judge Roper recommends that the Plaintiff’s appeal be dismissed with
prejudice; and, the Final Judgment in favor of the Commissioner be entered.
Plaintiff has filed general and conclusive objections to the Recommendation. After
thoroughly reviewing the findings in the Report and Recommendation, the Court
finds that the Report and Recommendation should be adopted as the finding of the
Court for the reasons that follow.
When any party objects to a Report and Recommendation, the Court must
review it de novo. See Kreimerman v. Casa Veerkamp, S.A. de C.V., 22 F.3d 634,
646 (5th Cir. 1994); Longmire v. Guste, 921 F.2d 620, 623 (5th Cir. 1991). Such a
review means that the Court will examine the record and make an independent
assessment of the law. The Court need not, however, conduct a de novo review when
the objections are frivolous, conclusive, or general in nature. Battle v. United States
Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987).
In her response to the Report and Recommendation, Plaintiff merely copies
certain language from the Administrative Law Judge’s Report and cites Exhibit 6f;

concluding that the ALJ failed to apply the applicable law, after which, Plaintiff
states the applicable law. She offers neither any new argument to support her
original motion nor any evidence to establish that the Magistrate Judge’s analysis
and conclusions were incorrect. Therefore, a de novo review of Plaintiff’s objections
is unnecessary. Instead, the Court has reviewed the Report and Recommendation
and finds it is neither clearly erroneous nor contrary to law. United States v.
Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). It will therefore be adopted as the
findings and conclusions of this Court.
IT IS THEREFORE ORDERED AND ADJUDGED that the Report and
Recommendation [13] of United States Magistrate Judge John M. Roper entered in
this cause on July 18, 2013, should be, and the same hereby is, ADOPTED as the
findings and conclusions of this Court.
SO ORDERED AND ADJUDGED this the 6th day of August, 2013.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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