Garcia v. Berryhill

Filing 18

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS: After consideration of this matter, the Court concludes that the findings and conclusions of the magistrate judge should be and are hereby ADOPTED as the findings and conclusions of this Court. It is, therefore, ORDERED that the Commissioner's decision is REVERSED and this matter is REMANDED to the Commissioner for further administrative proceedings consistent with the magistrate judge's February 1 findings 17 , conclusions, and recommendation. (Ordered by Senior Judge Terry R Means on 3/8/2018) (edm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
DAMON NICHOLAS GARCIA, SR.

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§
VS.
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NANCY A. BERRYHILL, Acting
§
Commissioner of Social Security §

ACTION NO. 4:17-CV-595-Y

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
On February 1, 2018, the United States magistrate judge issued
his findings, conclusions, and recommendation in the above-styled
and numbered cause.

The magistrate judge gave all parties until

February 15 to serve and file with the Court written objections to
his findings, conclusions, and recommendation. 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.
Thus, after consideration of this matter, the Court concludes
that the findings and conclusions of the magistrate judge should be
and are hereby ADOPTED as the findings and conclusions of this Court.
It is, therefore, ORDERED that the Commissioner's decision is REVERSED
and this matter is REMANDED to the Commissioner for further
administrative proceedings consistent with the magistrate judge's
February 1 findings, conclusions, and recommendation.
SIGNED March 8, 2018.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS -- Page Solo
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