Burns v. Astrue

Filing 10

ORDER ADOPTING MAGISTRATE'S MEMORANDUM AND RECOMMENDATIONS AND DISMISSING CASE re: 9 Memorandum and Recommendations. (Signed by Judge Kenneth M. Hoyt) Parties notified. (wbostic, 4)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
BONNIE M. BURNS,
Plaintiff,
VS.
MICHAEL J ASTRUE,
Defendant.

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CIVIL ACTION NO. 4:12-CV-3435

ORDER ADOPTING MAGISTRATE’S MEMORANDUM AND
RECOMMENDATION AND DISMISSING CASE
Pending before the Court is the Memorandum and Recommendation of United States
Magistrate Judge George C. Hanks, Jr. On January 7, 2013, this case was referred to Judge
Hanks pursuant to 28 U.S.C. § 636(b)(1)(B). (Dkt. No. 3). Pending before Judge Hanks were
the plaintiff’s Motion for Summary Judgment and the defendant’s Motion for Summary
Judgment. On December 9, 2014, Judge Hanks filed a Memorandum and Recommendation
recommending that the plaintiff’s Motion for Summary Judgment be denied, and the
Commissioner’s Motion be granted. (Dkt. No. 9).
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)

(2)

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Judge Hanks’ Memorandum and Recommendation is APPROVED AND
ADOPTED in its entirety as the holding of the Court;
The plaintiff’s Motion for Summary Judgment is DENIED;

(3)

The defendant’s Motion for Summary Judgment is GRANTED; and

(4)

The case is DISMISSED.

It is so ORDERED.
SIGNED on this 9th day of January, 2015.

___________________________________
Kenneth M. Hoyt
United States District Judge

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