Johnson v. Kijakazi

Filing 25

ORDER ADOPTING MAGISTRATE JUDGES MEMORANDUM AND RECOMMENDATIONS re: 23 Memorandum and Recommendations (Signed by Judge Jeffrey V Brown) Parties notified. (GeorgeCardenas, 3)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION KIMBERLY GUERRA JOHNSON, Plaintiff, VS. COMMISSIONER OF SOCIAL SECURITY, Defendant. § § § § § § § § § § October 24, 2024 Nathan Ochsner, Clerk 3:21-cv-361 ORDER ADOPTING MAGISTRATE JUDGE’S MEMORANDUM AND RECOMMENDATION On October 2, 2023, the court referred all pretrial matters in this case to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1). Dkt. 8. Judge Edison filed a memorandum and recommendation on October 9, 2024, recommending that the Commissioner’s decision be reversed and this matter remanded to the Social Security Administration for further proceedings. Dkt. 23. No objections have been filed to the memorandum and recommendation. Accordingly, the court reviews it for plain error on the face of the record. 28 U.S.C. § 636(b)(1); 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: (1) Judge Edison’s memorandum and recommendation, Dkt. 23, is approved and adopted in its entirety as the holding of the court; and (2) The Commissioner’s decision is reversed; and 1/2 (3) This matter is remanded to the Social Security Administration for further proceedings consistent with the court’s opinion. Signed on Galveston Island this 24th day of October, 2024. _________________________ JEFFREY VINCENT BROWN UNITED STATES DISTRICT JUDGE 2/2

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