Watts v. Social Security Administration ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MICHELLE G. WATTS CIVIL ACTION VERSUS NO. 21-2044 KILOLO KIJAKAZI, ACTING SECTION “R” (3) COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION ORDER Plaintiff Michelle G. Watts filed an action pursuant to 42 U.S.C. § 405(g) for review of the final decision of the Commissioner of Social Security denying her claims for supplemental social security income payments under Title XVI of the Social Security Act.1 Plaintiff then moved for summary judgment,2 and the Commissioner cross-moved.3 Magistrate Judge Dana M. Douglas issued a Report & Recommendation in which she assessed the pending motions and recommended that this Court deny plaintiff’s motion for summary judgment, grant the Commissioner’s cross-motion, and dismiss plaintiff’s case with prejudice.4 Plaintiff did not object to the R&R. Therefore, this Court reviews the R&R for clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded 1 R. Doc. 1. 2 R. Doc. 10. 3 R. Doc. 14. 4 R. Doc. 15. by statute on other grounds, 28 U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b) advisory committee’s note (1983) (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the reeommendation.”). The Court finds no clear error. Therefore, the Court adopts Magistrate Judge Douglas’s R&R as its opinion. Accordingly, the Court orders plaintiffs complaint DISMISSED WITH PREJUDICE. New Orleans, Louisiana, this__3rd__ day of January, 2023. derek Vaven SARAH S. VANCE UNITED STATES DISTRICT JUDGE