Mackey v. Astrue et al

Filing 34

ORDER ADOPTING the 32 Findings and Recommendations, and granting 10 Motion to Dismiss filed by Texas Rehabilitation Commission. (Ordered by Judge Sam R Cummings on 8/23/2011) (dss) Modified on 8/23/2011 (dsr).

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
EARL H. MACKEY, III,
Plaintiff,
v.

MICHAEL J. ASTRUE,
Commissioner of Social Security, TEXAS
REHABILITATION COMMISSION,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
6:10-CV-105-C-BG
ECF

ORDER
Plaintiff brought suit against Defendants Texas Department of Assistive and
Rehabilitative Services (sued as Texas Rehabilitation Commission) and Michael J. Astrue,
Commissioner of Social Security, appealing an adverse disability insurance benefits decision
pursuant to 42 U.S.C. § 405(g) and claiming violations of 18 U.S.C. § 241 and 42 U.S.C. § 1983.
The United States Magistrate Judge entered a Report and Recommendation on August 8, 2011.
Neither party has filed written objections. It is, therefore,
ORDERED that the findings and conclusions in the Report and Recommendation are
hereby ADOPTED as the findings and conclusions of the Court and that the claims in the abovestyled and -numbered cause against Texas Department of Assistive and Rehabilitative Services
are hereby DISMISSED.
Dated August 23, 2011.

_________________________________
SAM R. CUMMINGS
UNITED STATES DISTRICT JUDGE