Toby Marsh v. Commissioner of Social Security Administration
This text of Toby Marsh v. Commissioner of Social Security Administration (Toby Marsh 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 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA
9 Toby Marsh, No. CV-25-00022-TUC-SHR
10 Plaintiff, Order Adopting Report and Recommendation 11 v.
12 Commissioner of Social Security Administration, 13 Defendant. 14 15 16 On September 11, 2025, Magistrate Judge James E. Marner issued a Report and 17 Recommendation (R&R) recommending the Court reverse the decision of the 18 administrative law judge (ALJ) and remand for further administrative proceedings. (Doc. 19 25.) The R&R notified the parties they had fourteen (14) days after being served with a 20 copy of the R&R to file any objections. (Id. at 16–17.) No objections have been filed. 21 If neither party objects to a magistrate judge's report and recommendation, the 22 District Court is not required to review the magistrate judge's decision under any specified 23 standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v. 24 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (noting a district court need 25 only review a magistrate judge's findings and recommendations de novo if objection is 26 made). However, the statute for review of a magistrate judge's recommendation "does not 27 preclude further review by the district judge, sua sponte or at the request of a party, under 28 a de novo or any other standard." Thomas, 474 U.S. at 154. 1 In this case, the deadline for filing objections has passed. As noted, no objections 2|| have been filed, and neither party has requested additional time to do so despite the warning 3|| from Judge Marner indicating "[i]f objections are not timely filed, they may be deemed waived." (Doc. 25 at 17.) Therefore, the Court will adopt the R&R on that basis alone. See Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (declining to || substantively review magistrate judge's report and recommendation because no objections 7\| were filed). Accordingly, 8 IT IS ORDERED Magistrate Judge Marner's Report and Recommendation (Doc. ADOPTED. 10 IT IS FURTHER ORDERED the ALJ's decision is REVERSED and this matter 11 || is REMANDED to the Commissioner of the Social Security Administration for further 12 || administrative proceedings. 13 IT IS FURTHER ORDERED the Clerk of Court shall enter judgment accordingly and close this case. 15 Dated this 29th day of October, 2025. 16 17 /}
19 Honorable Scott H, Rash _/ United States District Judge 20 21 22 23 24 25 26 27 28
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