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07-246 - Evans v. Astrue

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07-246 - Evans v. Astrue
June 24, 2008
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FINDINGS AND RECOMMENDATIONS: Based on the the issues, evidence and the law, this court recommends that the United States District Court affirm the Commissioners final decision and dismiss this case with prejudice. Right to Object Pursuant to 28 U.S.C. § 636(b)(1), 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). (Signed by Magistrate Judge Nancy M Koenig on 6/24/2008) (cb)
September 26, 2008
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ORDER OVERRULING OBJECTIONS AND ADOPTING 21 REPORT AND RECOMMENDATION. Plaintiff is appealing an adverse decision of the Defendant, Michael J. Astrue, Commissioner of Social Security, pursuant to 42 U.S.C. § 405(g). The United States Magistrate Judge filed a Report and Recommendation, and Plaintiff filed objections to the Report and Recommendation. The Court has reviewed the record de novo and finds that Plaintiffs objections should be OVERRULED and that the Magistrate Judges Report and Recommendation should be ADOPTED as the findings of this Court. It is, therefore, ORDERED that Plaintiffs objections are overruled, that the findings and conclusions of the Magistrate Judge are hereby ADOPTED as the findings and conclusions of the Court, and that the above-styled and -numbered cause is dismissed with prejudice. (Signed by Judge Sam R Cummings on 9/26/2008) (cb)