Williams v. Berryhill

Filing 18

ORDER ADOPTING 17 Memorandum and Recommendations DENYING 15 Cross MOTION for Summary Judgment , GRANTING IN PART, DENYING IN PART 14 MOTION for Summary Judgment , Case terminated on 8/7/2018.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

Southern District of Texas

ENTERED
August 07, 2018
David J. Bradley, Clerk

ALTON WILLIAMS, JR.,
Plaintiff,

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v.
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NANCY A. BERRYHILL, ACTING COMMISSIONER §
OF THE SOCIAL SECURITY ADMINISTRATION,
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Defendant.
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CIVIL ACTION H-17-1061

ORDER
Pending before the court is a memorandum and recommendation (“M&R”) in which the
Magistrate Judge recommends that plaintiff Alton Williams, Jr.’s motion for summary judgment
(Dkt. 14) be granted in part and denied in part and defendant Nancy Berryhill’s motion for summary
judgment (Dkt. 15) be denied. Dkt. 17. No party filed objections to the M&R. After reviewing the
M&R, the motions, related documents in the record, and the applicable law, the court is of the
opinion that there is no clear error and that the M&R should be ADOPTED. See Fed. R. Civ. P. 72,
Advisory Committee Notes (“When no timely objection is filed, the court need only satisfy itself that
there is no clear error on the face of the record in order to accept the recommendation.”).
Accordingly, the M&R is ADOPTED IN FULL. Berryhill’s motion for summary judgment (Dkt.
15) is DENIED. Williams’s motion for summary judgment (Dkt. 14) is GRANTED IN PART AND
DENIED IN PART for the reasons explained in full in the M&R. Consequently, the judgment of
the Social Security Commissioner is AFFIRMED IN PART AND REVERSED IN PART. This case
is REMANDED to the Social Security Administration for further consideration in light of the
reasoning set forth in the M&R.
Signed at Houston, Texas on August 7, 2018.

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Gray H. Miller
United States District Judge