Smith v. Commissioner of Social Security Administration

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 20 Report and Recommendation. IT IS ORDERED that Plaintiffs above-entitled Social Security action is hereby AFFIRMED. It is further ORDERED that all motions not previously ruled on are DENIED, and the referral order is VACATED. Signed by District Judge Robert W. Schroeder, III on 3/9/2018. (slo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
LAKIA JANTA SMITH

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V.

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COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION

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No. 5:17-CV-7-RWS-CMC

ORDER ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. On February 14, 2018, the
Magistrate Judge issued a Report and Recommendation recommending the above-entitled and
numbered Social Security action be affirmed. The Report of the Magistrate Judge which contains
her proposed findings of fact and recommendations for the disposition of such action has been
presented for consideration.
“The Commissioner’s decision is granted great deference and will not be disturbed unless
the reviewing court cannot find substantial evidence in the record to support the Commissioner’s
decision or finds that the Commissioner made an error of law.” Leggett v. Chater, 67 F.3d 558, 56566 (5th Cir. 1995). The Magistrate Judge held the Commissioner correctly applied the applicable
legal standards and that substantial evidence supports the Commissioner’s determination that
Plaintiff is not disabled.
No objections to the Report and Recommendation were filed. Thus, any aggrieved party is
barred from de novo review by the district court of the proposed findings and recommendations of
the Magistrate Judge. There being no grounds of plain error or manifest injustice, the Court hereby
adopts the Report of the United States Magistrate Judge as the findings and conclusions of this

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Court. Accordingly, it is hereby
ORDERED that Plaintiff’s above-entitled Social Security action is hereby AFFIRMED.
It is further
ORDERED that all motions not previously ruled on are DENIED, and the referral order is
VACATED.
So ORDERED and SIGNED this 9th day of March, 2018.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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