Mills v. Colvin

Filing 18

Order Adopting Findings and Recommendations re: 17 Findings and Recommendations on Case re: 1 Complaint,,,, filed by Ann Margaret Mills. The decision of the Commissioner is reversed and the action remanded. Magistrate Judge E. Scott Frost no longer assigned to case. (Ordered by Senior Judge Terry R Means on 9/6/2017) (wrb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
ANN MARGARET MILLS

§
§
§
§
§

VS.
NANCY A. BERRYHILL

CIVIL ACTION NO. 4:16-CV-331-Y

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
On August 3, 2017, the United States magistrate judge issued his
proposed findings, conclusions, and recommendation in the above-styled
and numbered cause.

An order issued that same day gave all parties

fourteen days thereafter to serve and file with the Court written
objections to the proposed findings, conclusions, and recommendation of
the magistrate judge. No written objections have been received from either
party. See Douglass v. United Servs. Auto. Assoc., 79 F.3d 1415, 1428-29
(5th Cir. 1996). As a result, in accordance with 28 U.S.C. § 636(b)(1),
de novo review is not required.

Nevertheless, the Court has reviewed

the magistrate judge's findings, conclusions, and recommendation for plain
error and has found none.
After review, the Court ADOPTS the findings and conclusions of the
magistrate

judge

as

the

findings

and

conclusions

of

this

Court.

Accordingly, the decision of the Commissioner is REVERSED and the action
REMANDED, pursuant to the fourth sentence of 42 U.S.C. § 405(g),1 for
further administrative proceedings for the reasons set forth in the
magistrate judge’s findings and conclusions.
SIGNED September 6, 2017.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE

1
The fourth sentence of 42 U.S.C. 405(g) states that the “court shall have
power to enter, upon the pleadings and transcript of the record, a judgment
affirming, modifying, or reversing the decision of the Secretary, with or without
remanding the cause for a rehearing.” See Melkonyan v. Sullivan, 501 U.S. 89
(1991).

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS -- Page 1
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