Kaycee Forsyth v. Commissioner of Social Security Administration

Opinion

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9 Kaycee Forsyth, No. CV-24-00571-TUC-SHR

10 Plaintiff, ORDER

11 v.

12 Commissioner of Social Security Administration, 13 Defendant. 14 15 16 On September 23, 2025, Magistrate Judge Bruce G. Macdonald issued a Report and 17 Recommendation ("R&R") in which he recommended the Court reverse the Commissioner 18 of Social Security's decision and remand the matter for an award of benefits. (Doc. 20.) 19 The R&R notified the parties they had fourteen (14) days after being served with a copy of 20 the R&R to file any objections. (Id. at 16.) No objections have been filed. 21 If neither party objects to a magistrate judge's R&R, the District Court is not 22 required to review the magistrate judge's decision under any specified standard of review. 23 Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v. Reyna-Tapia, 328 F.3d 24 1114, 1121 (9th Cir. 2003) (en banc) (noting a district court need only review a magistrate 25 judge's findings and recommendations de novo if objection is made). However, the statute 26 for review of a magistrate judge's recommendation "does not preclude further review by 27 the district judge, sua sponte or at the request of a party, under a de novo or any other 28 standard." Thomas, 474 U.S. at 154. 1 In this case, the deadline for filing objections has passed. As noted, no objections 2|| have been filed, and neither party has requested additional time to do so despite the warning || from Judge Macdonald indicating "[flailure to file timely objections to any factual or legal 4|| determination of the Magistrate Judge may result in waiver of the right to review.” (Doc. 5|| 20 at 16.) Therefore, the Court will adopt the R&R on that basis alone. See Schmidt v. || Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (declining to substantively review || the magistrate judge's report and recommendation because no objections were filed). 8 Accordingly, 9 IT IS ORDERED Magistrate Judge Macdonald's R&R (Doc. 20) is ADOPTED. 10 IT IS FURTHER ORDERED the Commissioner of Social Security's decision is 11 |} REVERSED. This matter is REMANDED for an award of benefits consistent with the R&R. 13 IT IS FURTHER ORDERED the Clerk of Court shall enter judgment accordingly and close this case. 15 Dated this 23rd day of October, 2025. 16 17 / /)

19 Honorable Scott H,. Rash United States District Judge 20 21 22 23 24 25 26 27 28

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