Filed: Jun. 24, 2019
Latest Update: Jun. 24, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION, AND REMANDING FOR FURTHER PROCEEDINGS LARRY ALAN BURNS , Chief District Judge . Plaintiff filed her complaint seeking judicial review of a decision by the Commissioner of Social Security denying her application for a period of disability and disability insurance benefits. This matter was referred to Magistrate Judge Jan Adler for a report and recommendation. Later, Magistrate Judge Robert Block was appointed, and the referral became his responsibili
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION, AND REMANDING FOR FURTHER PROCEEDINGS LARRY ALAN BURNS , Chief District Judge . Plaintiff filed her complaint seeking judicial review of a decision by the Commissioner of Social Security denying her application for a period of disability and disability insurance benefits. This matter was referred to Magistrate Judge Jan Adler for a report and recommendation. Later, Magistrate Judge Robert Block was appointed, and the referral became his responsibilit..
More
ORDER ADOPTING REPORT AND RECOMMENDATION, AND REMANDING FOR FURTHER PROCEEDINGS
LARRY ALAN BURNS, Chief District Judge.
Plaintiff filed her complaint seeking judicial review of a decision by the Commissioner of Social Security denying her application for a period of disability and disability insurance benefits. This matter was referred to Magistrate Judge Jan Adler for a report and recommendation. Later, Magistrate Judge Robert Block was appointed, and the referral became his responsibility. The parties filed cross motions for summary judgment.
On May 29, 2019, Judge Block issued his report and recommendation (the "R&R"), which recommended granting Plaintiff's motion and denying Defendant's. Objections to the R&R were due within 14 days, i.e., by June 12, but neither party has filed any.
A district court has jurisdiction to review a Magistrate Judge's report and recommendation on dispositive matters. Fed. R. Civ. P. 72(b). "The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Id. "A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). This section does not require some lesser review by the district court when no objections are filed. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The "statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original).
The Court has reviewed the R&R, finds it to be correct, and ADOPTS it. Plaintiff's motion (Docket no. 18) is GRANTED and Defendant's motion (Docket no. 24) is DENIED. The Commissioner's decision is REVERSED and this matter is ORDERED remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). The orders to show cause issued earlier in the case are DISCHARGED.
IT IS SO ORDERED.
