Marchi v. Berryhill

Filing 12

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS GRANTING 8 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Plaintiff's Motion for Summary Judgment, DENYING 9 MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment, APPROVING AND ADOPTING 11 Memorandum and Recommendations. The decision of the Administrative Law Judge is AFFIRMED. (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
ELIZABETH J. MARCHI
Plaintiff.
VS.
NANCY A. BERRYHILL, ACTING
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION
Defendant.

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September 25, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 3:17–CV–00360

ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On April 24, 2018, this case was referred to United States Magistrate Judge
Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1). Dkt. 6. On September 4, 2018,
Judge Edison filed a Memorandum and Recommendation (Dkt. 11) recommending that
Elizabeth J. Marchi’s Motion for Summary Judgment (Dkt. 8) be DENIED; Nancy A.
Berryhill, Acting Commissioner of the Social Security Administration’s Motion for
Summary Judgment (Dkt. 9) be GRANTED; and the decision of the Administrative Law
Judge be AFFIRMED.
No objections have been filed to the Memorandum and Recommendation.
Accordingly, the Court reviews the Memorandum 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).

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 Edison’s Memorandum and Recommendation (Dkt. 11) be
APPROVED AND ADOPTED in its entirety as the holding of the Court;

(2)

Elizabeth J. Marchi’s Motion for Summary Judgment (Dkt. 8) be
GRANTED;

(3)

Nancy A. Berryhill, Acting Commissioner of the Social Security
Administration’s Motion for Summary Judgment (Dkt. 9) be DENIED; and

(4)

The decision of the Administrative Law Judge be AFFIRMED.

It is so ORDERED.
SIGNED at Galveston, Texas, this 25th day of September, 2018.

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George C. Hanks Jr.
United States District Judge

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