McKay v. Berryhill

Filing 20

ORDER. Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge advising that the decision of the Commissioner should be affirmed and that Plaintiff's complaint should be dismissed. Plaintiff timel y filed objections to the Magistrate Judge's Recommendations on January 22, 2019. Having considered Plaintiff's objections, the Court is of the opinion that they should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge's findings and conclusions and finds no error. It is, therefore, ORDERED that the findings and conclusions in this Report and Recommendation are hereby ADOPTED as the findings and conclusions of the Court, that the decision of the Commissioner is AFFIRMED, and that the above-styled and numbered cause is DISMISSED with prejudice. (Ordered by Senior Judge Sam R Cummings on 1/23/2019) (jmc)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS ABILENE DIVISION MICHELLE M., I Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 1: 17-CV-184-C ORDER Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge advising that the decision of the Commissioner should be affirmed and that Plaintiff's complaint should be dismissed. Plaintiff timely filed objections to the Magistrate Judge ' s Recommendations on January 22, 2019. The Court conducts a de nova review of those portions of the Magistrate Judge's report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. ยง 636(b)(l)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Having considered Plaintiff's objections, the Court is of the opinion that they should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge's findings and conclusions and finds no error. It is, therefore, ORDERED that the findings and conclusions in the Report and Recommendation are hereby ADOPTED as the 1 To protect the privacy of plaintiffs in social security cases, the undersigned identifies the Plaintiff only by first name and last initial. findings and conclusions of the Court, that the decision of the Commissioner is AFFIRMED, and that the above-styled and SO ORDERED this -nu~red cause is DISMISSED with prejudice. _2d_ day of January, 2019. I 2

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