Smith v. Berryhill

Full title: GLENN FLOYD SMITH Plaintiff. v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF…

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Date published: Oct 5, 2018

CIVIL ACTION NO. 3:18-CV-00023 (S.D. Tex. Oct. 5, 2018)

Opinion

CIVIL ACTION NO. 3:18-CV-00023

10-05-2018

GLENN FLOYD SMITH Plaintiff. v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION Defendant.

George C. Hanks Jr. United States District Judge

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION

Pending before the Court is Plaintiff Glenn Floyd Smith's Objections to Magistrate Judge's Recommendation ("Objections"). Dkt. 27. On February 22, 2018, this case was referred to United States Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1). Dkt. 4. On August 19, 2018, Judge Edison filed a Memorandum and Recommendation (Dkt. 26) recommending that Plaintiff Glenn Floyd Smith's Memorandum in Support of Motion for Summary Judgment (Dkt. 22) be DENIED; Defendant Nancy A. Berryhill, Acting Commissioner of the Social Security Administration's Motion for Summary Judgment (Dkt. 24) be GRANTED; and the decision of the Administrative Law Judge be AFFIRMED.

On October 2, 2018, Plaintiff filed his Objections. In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to "make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made." After conducting this de novo review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.; see also FED. R. CIV. P. 72(b)(3).

The Court has carefully considered the Objections; the Memorandum and Recommendation; the pleadings and summary judgment record; and the briefing and arguments of the parties. The Court ACCEPTS Judge Edison's Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is therefore ORDERED that:

(1) Judge Edison's Memorandum and Recommendation (Dkt. 26) be APPROVED AND ADOPTED in its entirety as the holding of the Court;

(2) Plaintiff Glenn Floyd Smith's Memorandum in Support of Motion for Summary Judgment (Dkt. 22) be DENIED;

(3) Defendant Nancy A. Berryhill, Acting Commissioner of the Social Security Administration's Motion for Summary Judgment (Dkt. 24) be GRANTED; and

(4) The decision of the Administrative Law Judge be AFFIRMED.

It is so ORDERED.

SIGNED at Galveston, Texas, this 5th day of October, 2018.

/s/_________

George C. Hanks Jr.

United States District Judge