Maddox v. Colvin, No. 4:2014cv01826 - Document 19 (S.D. Tex. 2015)

Court Description: OPINION AND ORDER. The Court ADOPTS the Magistrate Judge's memorandum and recommendation as its own and ORDERS that the Commissioner's motion for summaryjudgment 13 is GRANTED and Maddox's motion for summary judgment 16 is DENIED.(Signed by Judge Melinda Harmon) Parties notified.(rhawkins)

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Maddox v. Colvin Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CARLA J. MADDOX, § § § § § § § § § § § Plaintiff, VS. CAROLYN W. COLVIN, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. Civ. A. H-14-1826 OPINION AND ORDER Pending before the Court in the above referenced cause, seeking judicial review of a final decision of the Commissioner of the Social Plaintiff Security Carla J. Administration Maddox’s (“Commissioner”) (“”Maddox’s”) denying application for disability insurance benefits, are (1) Defendant Commissioner’s motion for summary judgment (instrument #13), (2) Maddox’s cross motion for summary judgment (#16), and (3) United States Magistrate Judge Frances Stacy’s memorandum and recommendation (#18) granting #13 and denying #16. No objections have been filed to the memorandum and recommendation. Standard of Review Findings of the United States Magistrate Judge to which no specific objections are made require the Court only to decide whether the memorandum and recommendation is clearly erroneous or contrary to law. Id., citing U.S. v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). The district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). -1- Dockets.Justia.com Court’s Decision After reviewing the briefs, the applicable law, and the Magistrate Judge’s memorandum and recommendation, the Court finds that the Magistrate Judge has correctly summarized the law and applied it to the facts in this action. ADOPTS the Magistrate Accordingly, the Court Judge’s memorandum and recommendation as its own and ORDERS that the Commissioner’s motion for summary judgment (#13) is GRANTED and Maddox’s motion for summary judgment (#16) is DENIED. Final judgment will issue by separate order. SIGNED at Houston, Texas, this 18th day of June , 2015. ___________________________ MELINDA HARMON UNITED STATES DISTRICT JUDGE -2-

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