Lee 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 8

Dallin Lee, ) No. CV-23-01613-PHX-SPL ) 9 ) 10 Plaintiff, ) ORDER vs. ) ) 11 ) Commissioner of Social Security ) 12 Administration, ) ) 13 ) 14 Defendant. )

15 Plaintiff filed a Complaint (Doc. 1), challenging the denial of his social security 16 disability insurance. The Honorable Alison S. Bachus, United States Magistrate Judge, 17 issued a Report and Recommendation (“R&R”) (Doc. 22), recommending that the Court 18 reverse the Administrative Law Judge’s decision and remand for further proceedings. 19 Judge Bachus advised the parties that they had fourteen (14) days to file objections to the 20 R&R and that failure to do so could be considered a waiver of the right to review (Doc. 22 21 at 23) (citing 28 U.S.C. § 636(b), U.S. v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 22 2003)). 23 The parties have not filed objections and the time to do so has expired, relieving the 24 Court of its obligation to review the R&R. See, e.g., Thomas v. Arn, 474 U.S. 140, 149–50 25 (1985) (“It does not appear that Congress intended to require district court review of a 26 magistrate’s factual or legal conclusions, under a de novo or any other standard, when 27 neither party objects to those findings.”); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 28 (D. Ariz. 2003) (“[N]o review is required of a magistrate judge’s report and 1 | recommendation unless objections are filed.”); see also Reyna-Tapia, 328 F.3d at 1121 2| (€ [T]he district judge must review the magistrate judge’s findings and recommendations 3| de novo if objection is made, but not otherwise.”). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will thus adopt the R&R. 5 IT IS THEREFORE ORDERED that Magistrate Judge Alison S. Bachus’ Report 6 | and Recommendation (Doc. 22) is accepted and adopted by the Court. 7 IT IS FURTHER ORDERED that the final decision of the Commissioner of the 8 | Social Security Administration is reversed and remanded for further proceedings. 9 IT IS FURTHER ORDERED directing the Clerk of Court to enter judgment accordingly and terminate this case. 11 Dated this 16th day of May, 2024. 12 DK A 13 Honorable reven P. Légan 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28