Yanez v. Barnhart , 207 F. App'x 461 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS November 30, 2006
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 06-20283
Summary Calendar
CIPRIANO YANEZ,
Plaintiff - Appellant,
v.
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,
Defendant - Appellee.
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Appeal from the United States District Court
for the Southern District of Texas, Houston Division
USDC No. 4:04-CV-4604
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Before DeMOSS, STEWART and PRADO, Circuit Judges.
PER CURIAM:*
Cipriano Yanez (“Yanez”) filed a claim under the Social
Security Act for Supplemental Security Income (“SSI”). An
Administrative Law Judge (“ALJ”) denied Yanez’s claim and the
Appeals Council affirmed the decision of the ALJ. Treating the
decision of the Appeals Council as the final decision of the
Commissioner of Social Security, Yanez filed suit in the district
court for the Southern District of Texas seeking judicial review
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
of the Commissioner’s decision. Yanez and the Commissioner filed
cross motions for summary judgment, and the matter was referred
to a Magistrate Judge for report and recommendation. The
Magistrate Judge recommended that Yanez’s motion for summary
judgment be denied, and the Commissioner’s motion for summary
judgment be granted. The district court adopted the Magistrate
Judge’s recommendation and entered final judgment dismissing
Yanez’s action. Yanez appeals to this Court.
Our review is limited to determining (1) whether there is
substantial evidence in the record as a whole to support the
Commissioner’s decision, and (2) whether the Commissioner’s
decision comports with relevant legal standards. Jones v. Apfel,
174 F.3d 692, 693 (5th Cir. 1999). We have carefully reviewed
the briefs, the record excerpts, and relevant portions of the
record itself. For the reasons stated in the Magistrate Judge’s
Memorandum and Recommendation, as adopted by the district court,
we affirm the decision of the district court to enter final
judgment against Yanez.
AFFIRMED.