BURNS v. ASTRUE, 4:12-CV-3435. (2015)
Court: District Court, S.D. Texas
Number: infdco20150112a53
Visitors: 12
Filed: Jan. 09, 2015
Latest Update: Jan. 09, 2015
Summary: ORDER ADOPTING MAGISTRATE'S MEMORANDUM AND RECOMMENDATION AND DISMISSING CASE KENNETH M. HOYT, District Judge. Pending before the Court is the Memorandum and Recommendation of United States Magistrate Judge George C. Hanks, Jr. On January 7, 2013, this case was referred to Judge Hanks pursuant to 28 U.S.C. 636(b)(1)(B). (Dkt. No. 3). Pending before Judge Hanks were the plaintiff's Motion for Summary Judgment and the defendant's Motion for Summary Judgment. On December 9, 2014, Judge Hanks f
Summary: ORDER ADOPTING MAGISTRATE'S MEMORANDUM AND RECOMMENDATION AND DISMISSING CASE KENNETH M. HOYT, District Judge. Pending before the Court is the Memorandum and Recommendation of United States Magistrate Judge George C. Hanks, Jr. On January 7, 2013, this case was referred to Judge Hanks pursuant to 28 U.S.C. 636(b)(1)(B). (Dkt. No. 3). Pending before Judge Hanks were the plaintiff's Motion for Summary Judgment and the defendant's Motion for Summary Judgment. On December 9, 2014, Judge Hanks fi..
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ORDER ADOPTING MAGISTRATE'S MEMORANDUM AND RECOMMENDATION AND DISMISSING CASE
KENNETH M. HOYT, District Judge.
Pending before the Court is the Memorandum and Recommendation of United States Magistrate Judge George C. Hanks, Jr. On January 7, 2013, this case was referred to Judge Hanks pursuant to 28 U.S.C. § 636(b)(1)(B). (Dkt. No. 3). Pending before Judge Hanks were the plaintiff's Motion for Summary Judgment and the defendant's Motion for Summary Judgment. On December 9, 2014, Judge Hanks filed a Memorandum and Recommendation recommending that the plaintiff's Motion for Summary Judgment be denied, and the Commissioner's Motion be granted. (Dkt. No. 9).
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).
Based on the pleadings, 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 Hanks' Memorandum and Recommendation is APPROVED AND ADOPTED in its entirety as the holding of the Court;
(2) The plaintiff's Motion for Summary Judgment is DENIED;
(3) The defendant's Motion for Summary Judgment is GRANTED; and
(4) The case is DISMISSED.
It is so ORDERED.
Source: Leagle
