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Dexter v. Bueler

United States District Court, S.D. Mississippi, Southern Division

July 24, 2018

TOMMIE DEXTER PLAINTIFF
v.
ROSE MARY BUELER, COMMISSIONER[1]DEFENDANT

         ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS OF FACT AND RECOMMENDATION [12], AFFIRMING DECISION OF COMMISSIONER, AND DISMISSING PLAINTIFF'S COMPLAINT [1]

          HALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE.

         This matter comes before the Court on the Proposed Findings of Fact and Recommendation [12] of United States Magistrate Judge Robert H. Walker, entered in this case on June 15, 2018. After due consideration of the Proposed Findings of Fact and Recommendation [12], Plaintiff Tommie Dexter's Complaint [1], the record as a whole, and relevant legal authority, the Court finds that the Magistrate Judge's Proposed Findings of Fact and Recommendation should be adopted, that the decision of Nancy A. Berryhill, Acting Commissioner of Social Security (“Commissioner”) should be affirmed, and that the Plaintiff's Complaint should be dismissed.

         I. BACKGROUND

         On March 2, 2017, pro se Plaintiff Tommie Dexter (“Plaintiff”) filed her Complaint [1] asserting that the Commissioner's decision to terminate Social Security disability insurance benefits under Title II and supplemental security income under Title XVI should be modified and that she should be granted “monthly maximum insurance benefits, ” or, alternatively, that her case should be remanded for reconsideration of the evidence. Compl. [1] at 3-4. On June 9, 2017, the Commissioner filed an Answer [8] along with a copy of the Administrative Record [9].

         On August 21, 2017, Plaintiff filed a two-page Response [10] in Opposition to Answer to Complaint [13] stating that she underwent a total hip replacement at age 15 and has had “bad eyes since 12 years, ” Resp. in Opp'n [10] at 1, and attached as Exhibit “A” a total of forty pages of miscellaneous medical records, Ex. “A” [10-1]. The Commissioner's Memorandum [11] in Opposition to Complaint was filed on October 20, 2017.

         On June 15, 2018, United States Magistrate Judge Robert H. Walker entered a Proposed Findings of Fact and Recommendation [12], recommending that the decision of the Commissioner be affirmed. To date, no objection to the Proposed Findings of Fact and Recommendation has been filed, and the time for doing so has expired.[2]

         II. DISCUSSION

         Where no party has objected to a magistrate judge's proposed findings of fact and recommendation, the Court need not conduct a de novo review of it. 28 U.S.C. §636(b)(1) (“a judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made”). In such cases, the Court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).

         Having conducted the required review, the Court concludes that the Magistrate Judge's findings are not clearly erroneous, nor are they an abuse of discretion or contrary to law. The Court will adopt the Magistrate Judge's Proposed Findings of Fact and Recommendation [12] as the opinion of this Court.

         III. CONCLUSION

         After a thorough review and consideration of Magistrate Judge Robert H. Walker's Proposed Findings of Fact and Recommendation [12], the record as a whole, and relevant legal authority, the Court concludes that the Magistrate Judge's Proposed Findings of Fact and Recommendation [12] should be adopted as the finding of this Court, that the Commissioner's decision should be affirmed, and that Plaintiff's Complaint [1] should be dismissed.

         IT IS, THEREFORE, ORDERED AND ADJUDGED that United States Magistrate Judge Robert H. Walker's Proposed Findings of Fact and Recommendation [12], entered in this case on June 15, 2018, is ADOPTED as the finding of this Court, and the Commissioner's decision is AFFIRMED. Plaintiff's Complaint [1] is DISMISSED WITH PREJUDICE. A separate judgment ...


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