Barrera v. Colvin
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION 11 ; and granting 8 Plaintiff's MOTION for Summary Judgment .(Signed by Judge Nelva Gonzales Ramos) Parties notified.(sylopez, 2)
United States District Court
Southern District of Texas
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
REFUGIA G BARRERA,
CAROLYN W. COLVIN,
September 15, 2017
David J. Bradley, Clerk
§ CIVIL ACTION NO. 2:17-CV-014
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On August 15, 2017, United States Magistrate Judge B. Janice Ellington issued
her Memorandum and Recommendation (D.E. 11). 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. 11), 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, Plaintiff’s Motion for
Summary Judgment (D.E. 8, 9) is GRANTED. The Commissioner’s determination that
plaintiff is not disabled is not supported by substantial evidence and is VACATED.
Plaintiff’s action is REMANDED to the Social Security Administration so that a proper
assessment can be made of the treating physician's opinion, Plaintiff's subjective
complaints, and Plaintiff's RFC to do work.
ORDERED this 15th day of September, 2017.
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
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