Garcia v. Colvin

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 11 Report and Recommendations, 9 First MOTION for Summary Judgment , Case terminated on 3/7/2017.(Signed by Judge Micaela Alvarez) Parties notified.(bgarces, 7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
ROGELIO ALEMAN GARCIA,
Plaintiff,
VS.
CAROLYN W COLVIN,
Defendant.

March 07, 2017
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 7:16-CV-119
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ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Plaintiff Rogelio Aleman Garcia’s action pursuant to 42
U.S.C. § 405(g), seeking review of the denial of his application for disability benefits, which had
been referred to the Magistrate Court for a report and recommendation. On January 18, 2017, the
Magistrate Court issued the Report and Recommendation, recommending that Plaintiff’s motion
for summary judgment be denied and that this action be dismissed. Plaintiff has filed timely
objections to the Magistrate Court’s Report and Recommendation.
Pursuant to 28 U.S.C. § 636(b)(1)(c), the Court has made a de novo determination of
those portions of the report to which objections have been made. As to those portions to which
no objections have been made, in accordance with Federal Rule of Civil Procedure 72(b), the
Court has reviewed the report for clear error.
Having reviewed each objection, the Court finds that they are either immaterial or
without merit. After considering the record in this case, the parties’ filing and the applicable law,
the Court adopts the Report and Recommendation in its entirety. Accordingly it is hereby
ORDERED that Plaintiff’s Motion for Summary Judgment is DENIED and that this action is
DISMISSED.
IT IS SO ORDERED.
DONE at McAllen, Texas, this 7th day of March, 2017.
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Micaela Alvarez
United States District Judge
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