Stricker v. Commissioner of Social Security Administration

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Sunshine Stricker, No. CV-21-00317-TUC-SHR 10 Plaintiff, Order Adopting Report & Recommendation v. Commissioner of Social Security Administration, Defendant.

On July 29, 2022, Magistrate Judge Lynnette C. Kimmins issued a Report and Recommendation (“R&R”) in which she recommended the Court remand this matter for further administrative proceedings. (Doc. 27.) The R&R notified the parties they had fourteen (14) days from the date of the R&R to file any objections. 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); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (district court only needs to review magistrate judge’s findings and recommendations de novo if objection is made).

However, the statute for 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.” Thomas, 474 U.S. at 154.

In this case, the deadline for filing objections was August 12, 2022. As noted, no ! || objections have been filed, and neither party has requested additional time to do so. 2|| Therefore, the Court may adopt the R&R on that basis alone. See Schmidt v. Johnstone, 3|| 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (district court declined to review the magistrate 4|| judge’s report because no objections were filed). Nonetheless, the Court has reviewed || Plaintiff's Complaint (Doc. 1), Defendant’s Answer (Doc. 16), Plaintiff's Opening Brief 6|| (Doc. 20), Defendant’s Response Brief (Doc. 23), Plaintiff's Reply Brief (Doc. 26), and 7|| Judge Kimmins’s R&R (Doc. 27). The Court finds the R&R well-reasoned and agrees || with Judge Kimmins’s conclusions. Accordingly, 9 IT IS ORDERED Magistrate Judge Lynnette C. Kimmins's Report and || Recommendation (Doc. 27) is ADOPTED.

11 IT IS FURTHER ORDERED this matter is REMANDED for further proceedings || consistent with this Order.

13 IT IS FURTHER ORDERED the Clerk of Court shall enter judgment accordingly || and close the file in this case.

15 Dated this 19th day of August, 2022.

17 /) Aa: hod 19 cited States District Fudge _2-