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05-005 - McClure v. Astrue


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05-005 - McClure v. Astrue
July 30, 2008
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REPORT AND RECOMMENDATION:Based on the evidence and the law, this courtrecommends that the United States District Court affirm the Commissioners decision and dismiss McClures complaint. Any party has the right to serve and file written objections to the Report and Recommendation within ten days after being served with a copy of this document. The filing of objections is necessary to obtain de novo review by the United States District Court. A partys failure to file written objections within ten days shall bar such a party, except upon grounds of plain error, from attacking on appeal the factual findings and legal conclusions accepted by the district court. Douglass v. United Servs. AutoAssn, 79 F.3d 1415, 1429 (5th Cir. 1996) (en banc). See order for further specifics. (Signed by Magistrate Judge Nancy M Koenig on 7/29/2008) (cb)
October 2, 2008
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ORDER ADOPTING 28 Findings and Recommendations. Plaintiff is appealing an adverse decision of the Defendant, Michael J. Astrue, Commissioner of Social Security, pursuant to 42 U.S.C. ยง 405(g). The United States Magistrate Judge filed a Report and Recommendation on July 30, 2008. Neither party has filed written objections. It is, therefore, ORDERED that the findings and conclusions in the Report and Recommendation are hereby ADOPTED as the findings and conclusions of the Court and that the above-styled and -numbered cause is hereby dismissed with prejudice. (Signed by Judge Sam R Cummings on 10/2/2008) (cb)