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)

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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, § § § § § § § § § 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 1/1

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