Filed: Dec. 31, 2019
Latest Update: Dec. 31, 2019
Summary: ORDER STEPHEN P. FRIOT , District Judge . Plaintiff, Russell McLeod, commenced this action seeking judicial review of the Commissioner's final decision that he was not "disabled" under the Social Security Act. See, 42 U.S.C. 405(g), 423(d)(1)(A). In accordance with General Order 16-4, the matter was referred to United States Magistrate Judge Suzanne Mitchell for hearing, if necessary, and submission of findings and recommendations pursuant to 28 U.S.C. 636(b)(1)(B), 636(b)(3), and
Summary: ORDER STEPHEN P. FRIOT , District Judge . Plaintiff, Russell McLeod, commenced this action seeking judicial review of the Commissioner's final decision that he was not "disabled" under the Social Security Act. See, 42 U.S.C. 405(g), 423(d)(1)(A). In accordance with General Order 16-4, the matter was referred to United States Magistrate Judge Suzanne Mitchell for hearing, if necessary, and submission of findings and recommendations pursuant to 28 U.S.C. 636(b)(1)(B), 636(b)(3), and F..
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ORDER
STEPHEN P. FRIOT, District Judge.
Plaintiff, Russell McLeod, commenced this action seeking judicial review of the Commissioner's final decision that he was not "disabled" under the Social Security Act. See, 42 U.S.C. §§ 405(g), 423(d)(1)(A). In accordance with General Order 16-4, the matter was referred to United States Magistrate Judge Suzanne Mitchell for hearing, if necessary, and submission of findings and recommendations pursuant to 28 U.S.C. §§ 636(b)(1)(B), 636(b)(3), and Fed. R. Civ. P. 72(b). On December 9, 2019, Magistrate Judge Mitchell issued a Report and Recommendation, recommending that the court affirm the Commissioner's final decision.
The parties have not objected to the Report and Recommendation within the time prescribed by Magistrate Judge Mitchell.2 Moreover, they have not sought an extension of time to object. Consequently, they have waived their right to appellate review of the factual and legal determinations. Vega v. Suthers, 195 F.3d 573, 579 (10th Cir. 1999); United States v. One Parcel of Real Property, 73 F.3d 1057, 1059, 1061 (10th Cir. 1996).
Accordingly, the Report and Recommendation issued by United States Magistrate Judge Suzanne Mitchell (doc. no. 33) is ACCEPTED, ADOPTED and AFFIRMED. The final decision of defendant, Andrew M. Saul, Commissioner of the Social Security Administration, that plaintiff, Russell McLeod, was not "disabled" under the Social Security Act, is AFFIRMED. Judgment shall issue forthwith.
IT IS SO ORDERED.
