Roel L. v. Leland Dudek

Summary

The United States District Court for the Southern District of Texas adopts a magistrate judge’s memorandum and recommendation in a Social Security action. The court denies Roel L.’s construed motion for summary judgment, grants the Commissioner’s construed motion, and dismisses the action after finding no clear error and receiving no timely objections.

Holdings

1. When no timely objection is filed to a magistrate judge's memorandum and recommendation, the district court need only satisfy itself that there is no clear error on the face of the record before accepting the recommendation.
2. The plaintiff's construed motion for summary judgment was denied, the Commissioner's construed motion for summary judgment was granted, and the action was dismissed.

Questions Presented

1. Whether the district court should accept the magistrate judge's memorandum and recommendation when no timely objection was filed and the record disclosed no clear error.
2. Whether the parties' construed cross-motions for summary judgment should be resolved in favor of the Commissioner and the action dismissed.

Disposition

dismissed