Fowler v. Social Security Administration

Filing 28

ORDER by District Judge Judith C. Herrera adopting 27 Report and Recommendations; denying 22 Motion to Remand to Agency. (baw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CECIL J. FOWLER,
Plaintiff,
v.

No. 1:17-cv-00857-JCH-KRS

NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.

ORDER ADOPTING PROPOSED FINDINGS OF FACT AND RECOMMENDED
DISPOSITION OF THE MAGISTRATE JUDGE
THIS MATTER comes before the Court upon Plaintiff’s Motion to Reverse and Remand
for a Rehearing (Doc. 22), filed March 1, 2018. In accordance with 28 U.S.C. § 636(b)(1)(B),
the matter was referred to Magistrate Judge Kevin R. Sweazea who entered Proposed Findings of
Fact and [a] Recommended Disposition (“PFRD”) (Doc. 27) on November 13, 2018. As
detailed in the PFRD, Judge Sweazea recommended that the Court deny Plaintiff’s Motion and
he notified the parties of their right to file written objections pursuant to 28 U.S.C. §
636(b)(1)(C). Neither party objected to the PFRD and the deadline for so doing expired on
November 27, 2018. Having reviewed the record, the Court determines that it will adopt the
PFRD in its entirety and deny Plaintiff’s Motion.
IT IS, THEREFORE, ORDERED that the Magistrate Judge’s Proposed Findings of
Fact and Recommended Disposition (Doc. 27) is hereby ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Reverse and Remand for a
Rehearing (Doc. 22) is hereby DENIED.
_____________________________________
JUDITH C. HERRERA
UNITED STATES DISTRICT JUDGE
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