Opinion

Brown v. Commissioner of Social Security Administration

Court
District Court, W.D. Oklahoma
Filed
Nov 13, 2023
Cited by
0 cases
Authority
More cited than 28.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF OKLAHOMA

STEPHANIE KAY BROWN, )

)

Plaintiff, )

)

v. ) Case No. CIV-22-00816-JD

)

KILOLO KIJAKAZI, )

Acting Commissioner of the )

Social Security Administration, )

)

Defendant. )

ORDER

Before the Court is United States Magistrate Judge Gary M. Purcell’s Report and

Recommendation (“R. & R.”) [Doc. No. 24] issued on September 13, 2023. Judge Purcell

recommends that the Court affirm the final decision of Defendant denying Plaintiff’s

application for disability insurance benefits. R. & R. at 1, 15.

Judge Purcell advised Plaintiff of her right to file an objection to the Report and

Recommendation with the Clerk of Court by October 3, 2023, and explained that failure

to timely object to the Report and Recommendation waives the right to appellate review

of both factual and legal issues contained in the Report and Recommendation. See id. at

15–16 (citing Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991) and Marshall v.

Chater, 75 F.3d 1421, 1426 (10th Cir. 1996)).

The record reflects that Plaintiff did not file an objection to the Report and

Recommendation by the deadline or request an extension of time to do so. See 28 U.S.C.

§ 636(b)(1) (“A judge of the court shall make a de novo determination of those portions

of the report or specified proposed findings or recommendations to which objection is

made.”) (emphasis added); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine

de novo any part of the magistrate judge’s disposition that has been properly objected

to.”) (emphasis added).

Upon its review, the Court adopts the Report and Recommendation. Accordingly,

the Court ACCEPTS the Report and Recommendation [Doc. No. 24] and AFFIRMS the

decision of Defendant. A separate judgment in favor of Defendant will follow.

IT IS SO ORDERED this 13th day of November 2023.

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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