Lozano Tello v. Kijakazi, Acting Commissioner of the Social Security Administration

Opinion

UNITED STATES DISTRICT COURT September 16, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION LUANNA ROXANNE § LOZANO TELLO § § Plaintiff, § § v. § Civil Action No. 7:23-CV-00399 § MARTIN O’MALLEY, § COMMISSIONER OF THE § SOCIAL SECURITY § ADMINISTRATION § § Defendant. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the August 29, 2024, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Juan F. Alanis. (Dkt. No. 11). Judge Alanis made findings and conclusions and recommended that Defendant’s Cross- Motion for Summary Judgment, (Dkt. No. 9), be granted and Plaintiff’s Motion for Summary Judgment, (Dkt. No. 8), be denied. (Dkt. No. 11). The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears. Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Judge Alanis’s M&R (Dkt. No. 11) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) | Defendant's Cross-Motion for Summary Judgment, (Dkt. No. 9), is GRANTED; and (3) Plaintiff’s Motion for Summary Judgment, (Dkt. No. 8), is DENIED. It is SO ORDERED. Signed on September 16, 2024.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE