Cooley v. Commissioner of Social Security

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations. Ordered that this case is remanded to the Commissioner of Social Security for further proceedings. Signed by District Judge Taylor B. McNeel on 7/29/22. (JCH)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
DAVID L. COOLEY, JR.
v.

PLAINTIFF
CIVIL ACTION NO. 1:21-cv-078-TBM-RPM

ANDREW SAUL,
COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on submission of the Report and Recommendation [15]
entered by United States Magistrate Judge Robert P. Myers on July 12, 2022. The Plaintiff, David
L. Cooley, Jr., appeals the final Social Security Administration decision of the Administrative Law
Judge denying his claim for disability insurance benefits. In light of the new evidence Cooley
provided, Judge Myers recommends that the Court adopt the Report and Recommendation [15]
and remand the action for further proceedings.
Neither the Commissioner of Social Security nor the Plaintiff have filed an objection to the
Report and Recommendation, and the time for filing an objection has expired. “When no timely
objection is filed, the court need only satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.” FED. R. CIV. P. 72(b) advisory committee’s note
to 1983 addition (citations omitted); see Casas v. Aduddell, 404 F. App’x 879, 881 (5th Cir. 2010)
(affirming district court’s dismissal of Section 1983 claims and stating that “[w]hen a party fails
timely to file written objections to the magistrate judge’s proposed findings, conclusions, and
recommendation, that party is barred from attacking on appeal the unobjected-to proposed
findings and conclusions which the district court accepted, except for plain error”) (citing Douglass
v. United Serv. Auto Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc), superseded by statute on

other grounds, 28 U.S.C. § 636(b)(1)); Douglass, 79 F.3d at 1430 (affirming district court’s grant of
summary judgment).
The Court finds that the Magistrate Judge’s Report and Recommendation is neither clearly
erroneous nor contrary to law. The Report and Recommendation will be adopted as the opinion of
the Court.
IT IS THEREFORE ORDERED AND ADJUDGED that the Report and
Recommendation [15] entered by United States Magistrate Robert P. Myers on July 12, 2022, is
ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED AND ADJUDGED that this case is REMANDED to the
Commissioner of Social Security for further proceedings consistent with the Report and
Recommendation [15].
This, the 29th day of July, 2022.
____________________________
TAYLOR B. McNEEL
UNITED STATES DISTRICT JUDGE