Alvarez v. Social Security Administration

Filing 8

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION re: 7 Memorandum and Recommendation. Defendant's Motion to Dismiss Plaintiff's Complaint (D.E. 6) is GRANTED and this action is DISMISSED WITH PREJUDICE.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JOE NOEL ALVAREZ, Plaintiff, VS. SOCIAL SECURITY ADMINISTRATION, Defendant. February 14, 2017 David J. Bradley, Clerk § § § § CIVIL ACTION NO. 2:16-CV-00104 § § § § § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION On January 13, 2017, United States Magistrate Judge B. Janice Ellington issued her “Memorandum and Recommendation” (D.E. 7), recommending that this action be dismissed as time-barred. 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. 7), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, Defendant’s Motion to 1/2 Dismiss Plaintiff’s Complaint (D.E. 6) is GRANTED and this action is DISMISSED WITH PREJUDICE. ORDERED this 14th day of February, 2017. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2

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