Lane v. Commissioner of Social Security

Opinion

1 2 3 4 5 6 9 10 MARY ELIZABETH LANE, Case No.: 18-cv-2407-WQH-NLS

11 Plaintiff, ORDER 12 v. SECURITY, 14 Defendant. 15 16 HAYES, Judge: 17 The matters before the Court are the Motion for Summary Judgment and Remand 18 filed by Plaintiff Mary Elizabeth Lane (ECF Nos. 14, 15), the Cross Motion for Summary 19 Judgment filed by Defendant Commissioner of Social Security (ECF No. 17), and the 20 Report and Recommendation issued by the Magistrate Judge (ECF No. 24) recommending 21 that the Court deny Plaintiff’s Motion for Summary Judgment and Remand and grant 22 Defendant’s Cross Motion for Summary Judgment. 23 The duties of the district court in connection with a report and recommendation of a 24 magistrate judge are set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 28 25 U.S.C. § 636(b). The district judge must “make a de novo determination of those portions 26 of the report . . . to which objection is made,” and “may accept, reject, or modify, in whole 27 or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 28 636(b)(1). The district court need not review de novo those portions of a report and 1 || recommendation to which neither party objects. See Wang v. Masaitis, 416 F.3d 992, 1000 2 13 (9th Cir. 2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) 3 || (en banc) (“Neither the Constitution nor the [Magistrates Act] requires a district judge to 4 ||review, de novo, findings and recommendations that the parties themselves accept as 5 || correct.”). 6 No party has filed an objection to the Report and Recommendation. The Court has 7 reviewed the Report and Recommendation, the record, and the submissions of the parties. 8 IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 24) is 9 || adopted in its entirety. Plaintiff's Motion for Summary Judgment and Remand (ECF Nos. 10 15) is denied. Defendant’s Cross Motion for Summary Judgment (ECF No. 17) is 11 || granted. The Clerk shall enter judgment for Defendant Commissioner of Social Security 12 || and against Plaintiff Mary Elizabeth Lane. 13 |} Dated: February 19, 2020 Nitta Z. A a 14 Hon, William Q. Hayes 15 United States District Court 16 17 18 19 20 21 22 23 24 25 26 27 28