From Casetext: Smarter Legal Research

Sylvia A. v. Kijakazi

United States District Court, Northern District of Texas
Oct 7, 2021
Civil Action 5:21-CV-076-M-BQ (N.D. Tex. Oct. 7, 2021)

Opinion

Civil Action 5:21-CV-076-M-BQ

10-07-2021

SYLVIA A., [1] Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, [2] Defendant.


ORDER ACCEPTING THE FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

BARBARA M. G. LYNN, Chief Judge.

Before the Court is Defendant Acting Commissioner of Social Security's (Defendant) partial Motion to Dismiss under Fed.R.Civ.P. 12(b)(1) and brief in support, as well as Defendant's request for extension of time. ECF No. 11. The United States Magistrate Judge made Findings, Conclusions, and a Recommendation regarding the motion. ECF No. 14. Neither party filed objections, and the Magistrate Judge's recommendation is now ripe for review. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.

It is ORDERED that:

(1) Defendant's partial Motion to Dismiss under Rule 12(b)(1) (ECF No. 11) is DENIED; and

(2) Within fourteen (14) days from the date of this Order, Defendant shall file an answer and certified administrative record.

SO ORDERED.


Summaries of

Sylvia A. v. Kijakazi

United States District Court, Northern District of Texas
Oct 7, 2021
Civil Action 5:21-CV-076-M-BQ (N.D. Tex. Oct. 7, 2021)
Case details for

Sylvia A. v. Kijakazi

Case Details

Full title:SYLVIA A., [1] Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of…

Court:United States District Court, Northern District of Texas

Date published: Oct 7, 2021

Citations

Civil Action 5:21-CV-076-M-BQ (N.D. Tex. Oct. 7, 2021)

Citing Cases

Weir v. Comm'r of Soc. Sec. Admin.

Plaintiff argues that the requirements for standing are met because the Commissioner did not argue otherwise,…

Walker v. Comm'r of Soc. Sec. Admin.

In Sylvia, however, the court found that “[p]laintiff's separation-of-powers claim is both traceable and…