Smith v. Commissioner of Social Security

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 Report and Recommendations of U.S. Magistrate Judge Robert H. Walker. The complaint filed by plaintiff Mark A. Smith is dismissed with prejudice. A separate judgment will be entered. Signed by Chief District Judge Louis Guirola, Jr on 3/8/17 (PKS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
MARK A. SMITH
v.

PLAINTIFF
CAUSE NO. 1:15cv216-LG-RHW

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
This cause comes before the Court on the [22] Report and Recommendation of
United States Magistrate Judge Robert H. Walker entered on February 6, 2017. On
July 6, 2015, Plaintiff Mark A. Smith, through counsel, filed a Complaint against
the Commissioner of Social Security seeking judicial review of the decision of the
Commissioner of Social Security. After the parties had briefed the issues,
Magistrate Judge Walker found “upon consideration of the entire record of
proceedings below and controlling law, that the Commissioner’s final decision is
supported by substantial evidence and in accord with relevant legal standards.”
(Rep. & Rec. 15, ECF No. 22). Smith has not objected to any aspect of the
Magistrate Judge’s Report and Recommendation, and the time for doing so has now
expired.
Where no party has objected to the Magistrate Judge’s Report and
Recommendation, the 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, the Court need only review the Report and

Recommendation and determine whether it is either clearly erroneous or contrary
to law. See, e.g., United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).
Having conducted the required review, the Court is of the opinion that Magistrate
Judge Walker’s Report and Recommendation is neither clearly erroneous nor
contrary to law. Accordingly, the Court finds that the [22] Report and
Recommendation should be adopted as the opinion of this Court.
IT IS THEREFORE ORDERED AND ADJUDGED that the [22] Report
and Recommendation of United States Magistrate Judge Robert H. Walker, should
be, and hereby is, adopted as the opinion of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that the [1] Complaint
filed by Plaintiff Mark A. Smith is DISMISSED WITH PREJUDICE. A separate
judgment will be entered.
SO ORDERED AND ADJUDGED this the 8th day of March, 2017.

s/

Louis Guirola, Jr.

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

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