United States District Court, S.D. Mississippi, Southern Division
ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS OF FACT AND
RECOMMENDATION , AFFIRMING DECISION OF COMMISSIONER, AND
DISMISSING PLAINTIFF'S COMPLAINT 
SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the Proposed Findings of
Fact and Recommendation  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 , Plaintiff Tommie Dexter's
Complaint , 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.
March 2, 2017, pro se Plaintiff Tommie Dexter
(“Plaintiff”) filed her Complaint  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.  at 3-4. On June 9, 2017, the
Commissioner filed an Answer  along with a copy of the
Administrative Record .
August 21, 2017, Plaintiff filed a two-page Response  in
Opposition to Answer to Complaint  stating that she
underwent a total hip replacement at age 15 and has had
“bad eyes since 12 years, ” Resp. in Opp'n
 at 1, and attached as Exhibit “A” a total of
forty pages of miscellaneous medical records, Ex.
“A” [10-1]. The Commissioner's Memorandum
 in Opposition to Complaint was filed on October 20,
15, 2018, United States Magistrate Judge Robert H. Walker
entered a Proposed Findings of Fact and Recommendation ,
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.
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. Â§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).
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  as the opinion of this Court.
thorough review and consideration of Magistrate Judge Robert
H. Walker's Proposed Findings of Fact and Recommendation
, the record as a whole, and relevant legal authority,
the Court concludes that the Magistrate Judge's Proposed
Findings of Fact and Recommendation  should be adopted as
the finding of this Court, that the Commissioner's
decision should be affirmed, and that Plaintiff's
Complaint  should be dismissed.
IS, THEREFORE, ORDERED AND ADJUDGED that United
States Magistrate Judge Robert H. Walker's Proposed
Findings of Fact and Recommendation , 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  is
DISMISSED WITH PREJUDICE. A separate