Adame v. Bisignano

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
ENRIQUE A., JR.,
Plaintiff,
VS.
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CIVIL ACTION NO. 1:25-CV-122
FRANK BISAGNO, Commissioner of Social
Security,
Defendant.
ORDER
Plaintiff Enrique A., Jr. filed a Complaint seeking review of the Commissioner of the Social
Security Administration’s decision to deny him disability benefits based on an Administrative Law
Judge’s finding. After the development of the administrative transcript record, a United States
Magistrate Judge ordered dispositive briefing from the parties, which they submitted. (Order,
Doc. 9; Plaintiff’s Brief, Doc. 11; SSA Brief, Doc. 20)
In April 2026, based on the record and the applicable law, the Magistrate Judge issued a
Report and Recommendation recommending that the Court reverse the order of the
Administrative Law Judge and remand the case to the Social Security Administration for further
consideration of the case consistent with the Magistrate Judge’s recommendation. (R&R, Doc. 21)
No party objected to the Report and Recommendation.
“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 recommendation.” FED. R. CIV. P. 72(b),
Advisory Comm. Note (1983). The Court has reviewed the Report and Recommendation and finds
no clear error within it.
As a result, the Court ADOPTS the Report and Recommendation (Doc. 21). It is:
United States District Court
Southern District of Texas
ENTERED
May 06, 2026
Nathan Ochsner, Clerk
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ORDERED that the final decision of the Commissioner of the Social Security
Administration is REVERSED and REMANDED for further consideration consistent with the
adopted Report and Recommendation (Doc. 21).
To the extent that Enrique A., Jr. believes he is entitled to attorneys’ fees under 28 U.S.C.
§ 2412, he shall file a motion for such fees by no later than June 5, 2026.
This is a final and appealable order.
The Clerk of Court is directed to close this case.
Signed on May 6, 2026.
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Fernando Rodriguez, Jr.
United States District Judge
Case 1:25-cv-00122 Document 22 Filed 05/06/26 in TXSD Page 2 of 2