LyBarger v. Commissioner of Social Security Administration

Opinion

Bevin Alison LyBarger, No. CV-23-00422-TUC-RCC

Plaintiff, ORDER

v.

Commissioner of Social Security Administration, Defendant. On February 10, 2025, Magistrate Judge Bruce G. Macdonald issued a Report and Recommendation (“R&R”) in which he recommended the Court the District Court, deny Plaintiff’s appeal and close this case. (Doc. 35.) The R&R notified the parties they had fourteen (14) days from the date of the R&R to file any objections. (Doc. 35 at 15.) No objections have been filed. If neither party objects to a magistrate judge’s report and recommendation, the District Court is not required to review the magistrate judge’s decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute guiding review of a magistrate judge’s recommendation “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.” Id. at 154. The Court has reviewed and considered the complaint (Doc. 1), the opening brief (Doc. 28), the response brief (Doc. 30), the reply (Doc. 34), and the R&R (Doc. 35). The Court finds the R&R well-reasoned and agrees with Judge Maconald’s conclusions. 1 Accordingly, IT IS ORDERED: 1) Magistrate Judge Macdonald’s Report and Recommendation is ADOPTED. (Doc. 35.) 2) The Commissioner of Social Security’s final decision is AFFIRMED. The Clerk of Court shall docket accordingly and close the case file in this matter. Dated this 3rd day of March, 2025. _ U pL ST (rl _— - Honorable Raner ©. Collins senior United States District Judge

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