Fitzgerald v. Kijakazi
Filing
19
ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS, Case terminated on 10/24/24 (Signed by Chief Judge Randy Crane) Parties notified. (kll7)
United States District Court
Southern District of Texas
ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
JAMES E. FITZGERALD,
Plaintiff,
VS.
MARTIN O'MALLEY, Commissioner of the
Social Security Administration,
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October 24, 2024
Nathan Ochsner, Clerk
CIVIL ACTION NO. 7:23-CV-209
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Plaintiff’s action pursuant to 42 U.S.C. § 405(g), which action
has been referred to the Magistrate Judge for report and recommendation. On September 30, 2024,
the Magistrate Judge issued the Report and Recommendation (Dkt. Entry No. 18), recommending
that Plaintiff’s Complaint (Dkt. No. 1) be denied, that the final decision of the Commissioner be
affirmed, and that this civil action be dismissed. Neither party timely filed objections to the Report
and Recommendation.
Pursuant to Rule 72(b) of the Federal Rules of Civil Procedure, the Court has reviewed the
Report and Recommendation for clear error. After appropriate review, the Court adopts the Report
and Recommendation (Dkt. Entry No. 18) in its entirety. Accordingly, it is hereby ORDERED
that Plaintiff’s Complaint (Dkt. No. 1) is DENIED, that the final decision of the Commissioner is
AFFIRMED, and that this civil action is DISMISSED.
SO ORDERED October 24, 2024, at McAllen, Texas.
______________________________
Randy Crane
Chief United States District Judge
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