Lara v. Social Security DO NOT DOCKET. Case remanded pursuant to the fourth sentence of 42 USC 405 (g).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
FRANKIE LARA,
Plaintiff,
versus
COMMISSIONER OF
SOCIAL SECURITY, et al,
Defendants.
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CIVIL ACTION NUMBER
4:25-cv-04123
JUDGE CHARLES ESKRIDGE
ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION
Plaintiff Frankie Lara filed this action to challenge
denial of disability benefits by the Social Security
Administration. See Dkt 1. The case was referred for
disposition to Magistrate Judge Richard Bennett. Dkt 7.
Prior order granted an unopposed motion to remand
this action to the Social Security Administration pursuant
to 42 USC §405(g). Dkt 20; see also Dkt 19 (motion).
Pending is an unopposed motion by Plaintiff for
attorney fees pursuant to the Equal Access to Justice Act.
Dkt 21. Judge Bennett recommends that the motion be
granted and Plaintiff be awarded $4,961.00 in attorney
fees. Dkt 22.
The district court reviews de novo those conclusions of
a magistrate judge to which a party has specifically
objected. See FRCP 72(b)(3) & 28 USC §636(b)(1)(C); see
also United States v Wilson, 864 F2d 1219, 1221 (5th Cir
1989, per curiam). The district court may accept any other
portions to which there’s no objection if satisfied that no
clear error appears on the face of the record. See Guillory v
PPG Industries Inc, 434 F3d 303, 308 (5th Cir 2005), citing
United States District Court
Southern District of Texas
ENTERED
July 23, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-04123 Document 23 Filed 07/23/26 in TXSD Page 1 of 2

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Douglass v United Services Automobile Association, 79 F3d
1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b)
advisory committee note (1983).
No party filed objections. No clear error appears upon
review and consideration of the Memorandum and
Recommendation, the record, and the applicable law.
The Memorandum and Recommendation of the
Magistrate Judge is ADOPTED as the Memorandum and
Order of this Court. Dkt 22.
The unopposed motion by Plaintiff Frankie Lara for
attorney fees is GRANTED. Dkt 21.
Plaintiff is AWARDED $4,961.00 in attorney fees.
SO ORDERED
Signed on _______________, at Houston Texas.
__________________________
Honorable Charles Eskridge
United States District Judge
July 23, 2026
Case 4:25-cv-04123 Document 23 Filed 07/23/26 in TXSD Page 2 of 2