Patricia D Dykstra v. Commissioner of Social Security Administration

Opinion

WO

Patricia D Dykstra, No. CV-25-08113-PCT-SHD

Plaintiff, ORDER

v.

Commissioner of Social Security Administration, Defendant. At issue before the Court is the denial of Plaintiff’s claims for Supplemental Security Income benefits under the Social Security Act. The Magistrate Judge to whom this case was assigned issued a Report and Recommendation (“R&R”) recommending that the final decision of the Commissioner of Social Security be reversed and the matter be remanded to the Social Security Administration for rehearing. (Doc. 27). Neither party has objected to the R&R and the time for filing objections has run. This Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). It is “clear that the district judge must review the magistrate judge’s findings and recommendations de novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that de novo review of factual and legal issues is required if objections are made, ‘but not otherwise.’”); Klamath Siskiyou Wildlands Ctr. v. U.S. Bureau of Land Mgmt., 589 F.3d 1027, 1032 (9th 1 Cuir. 2009) (the district court “must review de novo the portions of the [Magistrate Judge’s] recommendations to which the parties object.’’). District courts are not required to conduct “any review all... of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (emphasis added); see also 28 U.S.C. § 636(b)(1) (“[T]he court shall make a de novo determination of those portions of the [report and recommendation] to which objection is made.”). There being no objections, IT IS ORDERED that the R&R (Doc. 27) is accepted. IT IS FURTHER ORDERED that the final decision of the Commissioner is } REVERSED, and this case is REMANDED to the Social Security Administration for further administrative proceedings. The Clerk of the Court shall enter judgment accordingly. Dated this 5th day of June, 2026. □ / is H le Sharad H. Desai United States District Judge

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