Smith v. Astrue, No. 3:2007cv00428 - Document 11 (S.D. Tex. 2008)
Court Description: ORDER entered ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 8 Opposed MOTION for Summary Judgment. The pltfs. motion for summary judgment is denied. Final judgment to be entered by separate Order.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )
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Smith v. Astrue Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION TERRY SMITH, § § Plaintiff, § § v. § § MICHAEL ASTRUE, COMMISSIONER § OF SOCIAL SECURITY ADMIN. § § Defendant. § CIVIL ACTION NO. G-07-428 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION This court has reviewed the Memorandum and Recommendation of the United States Magistrate Judge signed on July 21, 2008 and has made a de novo determination of the Magistrate Judge’s recommended disposition. Rule 72(b), Fed. R. Civ. P.; 28 U.S.C. § 636(b)(1)(C); United States v. Wilson, 864 F.2d 1219 (5th Cir. 1989). No objections have been filed. This court adopts the Memorandum and Recommendation as this court’s Memorandum and Order. This court finds and concludes that the proper legal standards to applied and that the Commissioner’s decision to deny benefits was supported by substantial evidence. The plaintiff’s motion for summary judgment is denied. Final judgment dismissing this case is entered by separate order. SIGNED on August 15, 2008, at Houston, Texas. ______________________________________ Lee H. Rosenthal United States District Judge Dockets.Justia.com
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