Smith v. Commissioner of Social Security Administration

Filing 19

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF U. S. MAGISTRATE JUDGE. The Court orders that the plaintiff's objections # 17 are overruled. The Report # 16 is adopted and the Commissioner's decision is affirmed. Signed by Judge Marcia A. Crone on 8/17/15. (mrp, )

UNITED STATES DISTRICT COURT

ARTIS TAWARN SMITH,
Plaintiff,
versus
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:13-CV-699

MEMORANDUM ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
The Court referred this case to the Honorable Keith F. Giblin, United States Magistrate
Judge, for consideration.

The magistrate judge submitted a report (#16) (“Report”)

recommending that the Court affirm the Commissioner’s decision denying plaintiff’s application
for social security benefits. The pro se plaintiff filed objections to the magistrate judge’s report.
The Court accordingly conducted a de novo review of the report, the objections, the record, and
the applicable law. See FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b). After consideration, the
Court concludes that the magistrate judge’s recommendation should be adopted.
The plaintiff’s objections take issue with some of the evidence included in the record
provided by the Social Security Administration. He specifically argues that the Court should
remove some of his medical records and statements from the record. Plaintiff does not argue that
the magistrate judge erred in any of his findings or legal conclusions. His objections do not
specifically address Judge Giblin’s substantive conclusions or his recommendation. The Court
therefore finds the plaintiff’s objections to be without merit. The magistrate judge’s report

contains legal and factual support for his conclusions regarding the ALJ’s consideration of the
medical evidence and the evidence as a whole.
The Court therefore ORDERS that the plaintiff’s objections (#17) are OVERRULED. The
Court finds that the magistrate judge’s findings of fact and conclusions of law are correct. The
Report (#16) is ADOPTED and the Commissioner’s decision is AFFIRMED. The Court will
enter final judgment separately.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 17th day of August, 2015.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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