Aguilar v. Astrue

Filing 14

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION re: 13 Memorandum and Recommendations, denying 11 Opposed MOTION for Summary Judgment , the Unfavorable Decision of the Administrative Law Judge (D.E. 5-12, pp 370-82) is Affirmed and this action is Dismissed. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(amireles, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
RUBEN AGUILAR,
Plaintiff,
VS.
MICHAEL J. ASTRUE,
Defendant.

§
§
§
§
§
§
§
§

CIVIL ACTION NO. 2:13-CV-00017

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On September 23, 2014, United States Magistrate Judge Jason B. Libby issued his
“Memorandum and Recommendation” (D.E. 13), recommending that this action be
dismissed because the Administrative Law Judge’s determination is supported by
substantial evidence. The parties were provided proper notice of, and opportunity to
object to, the Magistrate Judge’s Memorandum and Recommendation. FED. R. CIV. P.
72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear
error on the face of the record and accept the magistrate judge’s memorandum and
recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005)
(citing Douglass v. United Services Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the
Magistrate Judge’s Memorandum and Recommendation (D.E. 13), and all other relevant
documents in the record, and finding no clear error, the Court ADOPTS as its own the
1/2

findings and conclusions of the Magistrate Judge. Accordingly, the Plaintiff’s Motion for
Summary Judgment (D.E. 11) is DENIED, the Unfavorable Decision of the
Administrative Law Judge (D.E. 5-12, pp. 370-82) is AFFIRMED and this action is
DISMISSED.
ORDERED this 29th day of October, 2014.

___________________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

2/2