Salazar v. Social Security Administration et al

Filing 23

ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATIONS AND DISMISSING CASE re: 22 Report and Recommendations,, Motions No Longer Referred, Granting 12 MOTION for Summary Judgment (Signed by Judge George C Hanks, Jr) Parties notified.(lusmith, 3)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION ALMA ELIA SALAZAR, Plaintiff, VS. SOCIAL SECURITY ADMINISTRATION, et al, Defendants. § § § § § § § § § March 23, 2017 David J. Bradley, Clerk CIVIL ACTION NO. 3:16-CV-40 ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION AND DISMISSING CASE Pending before the Court is the Report and Recommendation of United States Magistrate Judge John Froeschner. Dkt. 22. On July 12, 2016, this case was referred to Judge Froeschner pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 13. Pending before Judge Froeschner was Defendant’s (Carolyn W. Colvin, Acting Commissioner of the Social Security Administration) Motion for Summary Judgment. Dkt. 12. On March 6, 2017, Judge Froeschner filed a Report and Recommendation recommending that the Defendant’s Motion for Summary Judgment be granted and that the Plaintiff’s action be dismissed. Dkt. 22. No objections have been filed to the Report and Recommendation. Accordingly, the Court reviews the Report and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also, FED. R. CIV. P. 72(b)(3). 1/2 Based on the pleadings, the record and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED AND ADJUDGED that: (1) Judge Froeschner Report and Recommendation is APPROVED AND ADOPTED in its entirety as the holding of the Court; (2) The Defendant’s Motion for Summary Judgment is GRANTED; (3) The case is DISMISSED; (4) All other pending motions are DENIED as moot. It is so ORDERED. SIGNED at Galveston, Texas, this 22nd day of March, 2017. ___________________________________ George C. Hanks Jr. United States District Judge 2/2

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