Mayberry v. Colvin

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 17 Opposed MOTION for Summary Judgment , 21 Report and Recommendations, granting 18 Cross MOTION for Summary Judgment , Case terminated on 1/10/17(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION SONJA J. MAYBERRY, Plaintiff, VS. CAROLYN W COLVIN, Defendant. January 10, 2017 David J. Bradley, Clerk § § § § CIVIL ACTION NO. 3:15-CV-330 § § § § ORDER Pending before the Court is Plaintiff’s Motion for Summary Judgment Dkt. 17. Also pending are Defendant’s Cross-Motion for Summary Judgment (Dkt. 18) and the associated Brief in Support (Dkt. 19). On October 20, 2016, this case was referred to United States Magistrate Judge John R. Froeschner. Dkt. 20. After reviewing the motions, the administrative record, and applicable law, Judge Froeschner entered a Report and Recommendation. Dkt. 21. Judge Froeschner recommended denying Plaintiff’s motion, granting Defendant’s motion, and dismissing the action. As stated in the R & R, the parties had the opportunity to file written objections. Neither party did so. The Court agrees with Judge Froeschner’s conclusions. Therefore, Plaintiff’s Motion for Summary Judgment (Dkt. 17) is hereby DENIED. Defendant’s Cross-Motion for Summary Judgment (Dkts. 18, 19) is hereby GRANTED. The Court ORDERS that this action is hereby DISMISSED. All pending motions are hereby DENIED, as moot. SIGNED at Galveston, Texas, this 10th day of January, 2017. ___________________________________ George C. Hanks Jr. United States District Judge 1/1

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