Figueroa v. Kijakazi

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 14 Report and Recommendations. It is ORDERED that the final decision of the Commissioner of the Social Security Administration is REVERSED. To the extent that Figueroa believes he is entitled to attorneys fees under 28 U.S.C. § 2412, he shall file a motion for such fees by no later than September 13, 2024. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (jrl1)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
DEMETRIO R. FIGUEROA,
Plaintiff,
VS.
MARTIN O'MALLEY,
Defendant.

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August 30, 2024
Nathan Ochsner, Clerk

CIVIL ACTION NO. 1:23-CV-090

ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff Demetrio R. Figueroa filed a Complaint seeking review of the Commissioner of
the Social Security Administration’s decision to deny him disability benefits based on an
Administrative Law Judge’s findings. After the development of the administrative transcript
record, a United States Magistrate Judge ordered dispositive briefing from the parties, which they
submitted. (Order, Doc. 6; Figueroa’s Memorandum, Doc. 8; SSA Response, Doc. 13)
Based on the record and the applicable law, the Magistrate Judge recommends that the
Court reverse the final decision of the Commissioner and remand the matter for further
administrative proceedings. (R&R, Doc. 14)
No party filed objections to the Report and Recommendation, and the Court finds no clear
error within it. See FED. R. CIV. P. 72(b), Advisory Comm. Note (1983) (“When no timely objection
is filed, the court need only satisfy itself that there is no clear error on the face of the record in
order to accept the recommendation.”).
As a result, the Court ADOPTS the Report and Recommendation (Doc. 14). It is:
ORDERED that the final decision of the Commissioner of the Social Security
Administration is REVERSED.
To the extent that Figueroa believes he is entitled to attorneys’ fees under 28 U.S.C. § 2412,
he shall file a motion for such fees by no later than September 13, 2024.
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Upon resolution of any issue regarding an award of attorneys’ fees, the Court will issue an
Order of Remand consistent with this Order and the adopted Report and Recommendation.
Signed on August 30, 2024.
____________________________
Fernando Rodriguez, Jr.
United States District Judge

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