Cruz v. Colvin

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION re: 17 Report and Recommendations, 10 MOTION for Summary Judgment , 9 Cross MOTION for Summary Judgment (Signed by Judge Randy Crane) Parties notified.(cvillegas, 7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION

February 24, 2016
David J. Bradley, Clerk

ROGELIO CRUZ,

§
§
Plaintiff
§
VS.
§ CIVIL ACTION NO. 7:14-CV-780
§
CAROLYN W. COLVIN,
§
ACTING COMMISSIONER OF THE
§
SOCIAL SECURITY ADMINISTRATION §
Defendant
ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Plaintiff=s action pursuant to 42 U.S.C. ' 405(g), which
motion had been referred to the Magistrate Court for a report and recommendation. On January
21, 2016, the Magistrate Court issued the Report and Recommendation, recommending that
Plaintiff’s Motion for Summary Judgment be denied, that Defendant’s Motion for Summary
Judgment be granted, and the Commissioner’s final decision to deny benefits be affirmed. The
time for filing objections has passed, and no objections have been filed.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and
Recommendation for clear error.1 Finding no clear error, the Court adopts the Report and
Recommendation in its entirety. Accordingly, it is hereby ORDERED that Plaintiff’s Motion
for Summary Judgment (Dkt. Entry No. 10) is DENIED, Defendant’s Motion for Summary
Judgment (Dkt. Entry No. 9) is GRANTED, and the Commissioner’s final decision to deny

1

As noted by the Fifth Circuit, A[t]he advisory committee=s note to Rule 72(b) states that, >[w]hen no timely
objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in
order to accept the recommendation.=@ Douglas v. United Services Auto. Ass=n, 79 F.3d 1415, 1420 (5th Cir.
1996)(quoting Fed. R. Civ. P.72(b) advisory committee=s note (1983)) superceded by statute on other grounds by 28
U.S.C. ' 636(b)(1), as stated in ACS Recovery Servs., Inc v. Griffin, No. 11-40446, 2012 WL 1071216, at *7 n.5
(5th Cir. April 2, 2012).

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benefits is AFFIRMED.

SO ORDERED this 24th day of February, 2016, at McAllen, Texas.
___________________________________
Randy Crane
United States District Judge

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