Ain v. Commissioner of Social Security Administration

Opinion

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Sara Elise Ain, No. CV-24-00008-PHX-DLR

10 Plaintiff, ORDER

11 v.

12 Commissioner of Social Security Administration, 13 Defendant. 14 15 Before the Court is United States Magistrate Judge Willett’s Report and 16 Recommendation (“R&R”) (Doc. 23). The R&R recommends that the Court reverse the 17 Administrative Law Judge’s April 4, 2023 decision (A.R. 21-42), as upheld by the Appeals 18 Council (A.R. 1-7), and remand this case to the Social Security Administration for further 19 proceedings. The Magistrate Judge advised the parties that they had fourteen days to file 20 objections to the R&R and that failure to file timely objections could be considered a 21 waiver of the right to obtain review of the R&R. See United States v. Reyna-Tapia, 328 22 F.3d 1114, 1121 (9th Cir. 2003). Neither party filed objections, which relieves the Court 23 of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 24 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . 25 of any issue that is not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district 26 judge must determine de novo any part of the magistrate judge’s disposition that has been 27 properly objected to.”). The Court has nonetheless reviewed the R&R and finds that it is 28 well-taken. The Court will accept the R&R in its entirety. See 28 U.S.C. § 636(b)(1) || (stating that the district court “may accept, reject, or modify, in whole or in part, the 2|| findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”). 5 IT IS ORDERED that the R&R (Doc. 23) is ACCEPTED. 6 IT IS FURTHER ORDERED that the reference of this case to the Magistrate 7\| Judge is WITHDRAWN, and the Administrative Law Judge’s decision is REVERSED. 8 || This matter is REMANDED to the Social Security Administration for further proceedings. 9 IT IS FURTHER ORDERED that the Clerk of the Court enter judgment 10 || accordingly and terminate this case. 11 Dated this 18th day of October, 2024. 12 13 14 {Z, 16 Son United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28

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