Sagastume v. Social Security Administration

Filing 33

ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez; GRANTING IN PART AND DENYING IN PART 26 Motion to Remand to Agency filed by Jackie M Sagastume. This matter is REMANDED to the Social Security Administration for further proceedings consistent with this Order; and a final order is entered concurrently herewith DISMISSING THIS CASE WITH PREJUDICE. (gr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
JACKIE M. SAGASTUME,
Plaintiff,
v.

Civ. No. 20-258 MV/GJF

KILOLO KIJAKAZI,
Acting Commissioner of the
Social Security Administration,
Defendant.
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
Magistrate Judge Gregory J. Fouratt filed his Proposed Findings and Recommended
Disposition (“PFRD”) on October 26, 2021, in which he recommended that the decision of the
Administrative Law Judge be remanded in part and affirmed in part. ECF 32. The PFRD notified
the parties of their ability to file objections no later than November 9, 2021 (fourteen days after
filing of the PFRD), and that failure to do so waived appellate review. As neither party filed any
objections by that date, the Court concludes that appellate review has been waived.
IT IS THEREFORE ORDERED that:
1. The Magistrate Judge’s PFRD [ECF 32] is ADOPTED;
2. Plaintiff’s Motion to Remand [ECF 23] is GRANTED IN PART AND DENIED IN PART;
3. This matter is REMANDED to the Social Security Administration for further proceedings
consistent with this Order; and

4. A final order is entered concurrently herewith DISMISSING THIS CASE WITH
PREJUDICE.

_______________________________________
THE HONORABLE MARTHA VÁZQUEZ
UNITED STATES DISTRICT JUDGE