Strouth v. O'Malley

Filing 12

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION re: 11 Memorandum and Recommendations, (Signed by Judge George C Hanks, Jr) Parties notified. (knp4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
CORY S.,1
Plaintiff.
V.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

January 06, 2025
Nathan Ochsner, Clerk

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§ CIVIL ACTION NO. 4:24-cv-00378
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ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On May 14, 2024, all matters in this case were referred to United States Magistrate
Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1). Dkt. 6. Judge Edison filed a
Memorandum and Recommendation on December 20, 2024, recommending that the
Commissioner’s decision be reversed and this matter remanded to the Commissioner for
further proceedings. Dkt. 11.
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).

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On May 1, 2023, the Committee on Court Administration and Case Management of the Judicial
Conference of the United States issued a memorandum recommending that courts adopt a local
practice of using only the first name and last initial of any non-government party in Social Security
opinions.

Based on the briefing, 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) is
APPROVED and ADOPTED in its entirety as the holding of the Court;

(2)

The Commissioner’s decision is REVERSED; and

(3)

This matter is REMANDED to the Commissioner for further proceedings
consistent with the court’s opinion.

It is so ORDERED.
SIGNED at Houston, Texas on January 6, 2025.
__________________________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE

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