Moreno v. Commissioner of Social Security Administration
This text of Moreno v. Commissioner of Social Security Administration (Moreno v. Commissioner of Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA
9 Gina Veronica Moreno, No. CV-21-00484-TUC-RM
10 Plaintiff, ORDER
11 v.
12 Commissioner of Social Security Administration, 13 Defendant. 14 15 On February 22, 2023, Magistrate Judge Eric J. Markovich issued a Report and 16 Recommendation (Doc. 27) recommending that this Court reverse the final decision of 17 the Commissioner of Social Security Administration and remand to the agency for the 18 calculation and award of benefits. No objections to the Report and Recommendation 19 were filed. 20 A district judge must “make a de novo determination of those portions” of a 21 magistrate judge’s “report or specified proposed findings or recommendations to which 22 objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule 23 72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is 24 filed, the court need only satisfy itself that there is no clear error on the face of the record 25 in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b) 26 advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 27 F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the 28 district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan, |} CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for 2|| clear error unobjected-to portions of Report and Recommendation). 3 The Court has reviewed Magistrate Judge Markovich’s Report and Recommendation, the parties’ briefs, and the record. The Court finds no error in 5 || Magistrate Judge Markovich’s Report and Recommendation. 6 Accordingly, 7 IT IS ORDERED that the Report and Recommendation (Doc. 27) is accepted 8 || and adopted in full. 9 IT IS FURTHER ORDERED that the final decision of the Commissioner of || Social Security is reversed, and this case is remanded to the agency for the calculation |} and award of benefits to Plaintiff Gina Veronica Moreno. The Clerk of Court is directed to enter judgment accordingly and close this case. 13 IT IS FURTHER ORDERED that Defendant’s Motion to Remand (Doc. 25) is denied as moot. 15 Dated this 13th day of March, 2023. 16 17 8 phil 19 a) Z Honorable Rostsiary □□□□□□□ 20 United States District □□□□□ 21 22 23 24 25 26 27 28
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Moreno v. Commissioner of Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moreno-v-commissioner-of-social-security-administration-azd-2023.