Filed: Oct. 07, 2019
Latest Update: Oct. 07, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION; ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT LARRY ALAN BURNS , Chief District Judge . Plaintiff William Weyandt, who is represented by counsel, brought this appeal of a denial of social security disability benefits. The matter was referred to Magistrate Judge Ruth Montenegro for a report and recommendation. The parties filed motions for summary judgment, and Judge Montenegro iss
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION; ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT LARRY ALAN BURNS , Chief District Judge . Plaintiff William Weyandt, who is represented by counsel, brought this appeal of a denial of social security disability benefits. The matter was referred to Magistrate Judge Ruth Montenegro for a report and recommendation. The parties filed motions for summary judgment, and Judge Montenegro issu..
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ORDER ADOPTING REPORT AND RECOMMENDATION;
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; AND
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
LARRY ALAN BURNS, Chief District Judge.
Plaintiff William Weyandt, who is represented by counsel, brought this appeal of a denial of social security disability benefits. The matter was referred to Magistrate Judge Ruth Montenegro for a report and recommendation. The parties filed motions for summary judgment, and Judge Montenegro issued her report and recommendation (the "R&R") on September 4, 2019. Objections to the R&R were due by September 18, 2019, but none have been filed.
A district court has jurisdiction to review a Magistrate Judge's report and recommendation on dispositive matters. 28 U.S.C. § 636(b)(1); 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. Section 636(b)(1) similarly requires that a district judge "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." "A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.
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 unobjected-to R&R, finds it to be correct, and ADOPTS it. Defendant's motion for summary judgment is GRANTED and Plaintiff's motion for summary judgment is DENIED. The administrative law judge's decision is AFFIRMED. The Clerk is directed to enter judgment in favor of Defendant and against Plaintiff, and to close the docket.
IT IS SO ORDERED.
