Simon v. Astrue

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations. The decision of the Commissioner is affirmed. A separate judgment will be entered in accordance with this Order as required by Federal Rule of Civil Procedure 58. Signed by District Judge Halil S. Ozerden on 3/17/14 (PKS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
LAURA BELINDA SIMON
VERSUS

PLAINTIFF
CIVIL ACTION NO. 1:13CV16-HSO-RHW

MICHAEL J. ASTRUE,
Commissioner of Social Security

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
AND AFFIRMING THE COMMISSIONER’S DECISION
This matter comes before the Court on the Report and Recommendation [9] of
United States Magistrate Judge Robert H. Walker entered on February 5, 2014.
Judge Walker reviewed Plaintiff’s Complaint [1], her Memorandum Brief [7] in
support of her Complaint, and Defendant’s Memorandum Brief [8] in opposition to
Plaintiff’s Complaint, and recommended that the decision of the Commissioner of
Social Security be affirmed. See Report and Recommendation [9] at 14.
Plaintiff, who is represented by counsel, has not filed any objection to the
Magistrate Judge’s Report and Recommendation to date. Where no party has
objected to a magistrate judge’s proposed findings of fact and recommendation, a
court need not conduct a de novo review of it. See 28 U.S.C. § 636(b)(1) (“[A] judge
of the court shall make a de novo determination of those portions of the report or
specified proposed findings and recommendations to which objection is made.”). In
such cases, a court need only review the proposed findings of fact and
recommendation and determine whether it is either clearly erroneous or contrary to
law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).

Based on the record before this Court, and having conducted the required
review of the Report and Recommendation, the Court is of the opinion that the
findings of fact and conclusions of law of the Magistrate Judge are neither clearly
erroneous nor contrary to law. See 28 U.S.C. § 636(b)(1). The Court finds that the
Magistrate Judge properly recommended that the decision of the Commissioner be
affirmed. The Court further finds that, for the reasons stated herein, the Report
and Recommendation [9] of United States Magistrate Judge Robert H. Walker
entered on February 5, 2014, should be adopted as the finding of this Court.
IT IS, THEREFORE, ORDERED AND ADJUDGED that, the Report and
Recommendation [9] of United States Magistrate Judge Robert H. Walker entered
in this case on February 5, 2014, is adopted as the finding of this Court.
IT IS, FURTHER, ORDERED AND ADJUDGED that, the decision of the
Commissioner is AFFIRMED. A separate judgment will be entered in accordance
with this Order as required by Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED, this the 17th day of March, 2014.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE

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