McCabe v. Commissioner of Social Security Administration

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

9 Tammi R. McCabe, No. CV-22-00192-PHX-DLR (CDB) 10 Plaintiff, ORDER v. Commissioner of Social Security Administration, Defendant.

15 Before the Court is United States Magistrate Judge Camille D. Bibles’ Report and Recommendation (“R&R”) (Doc. 20). The R&R recommends that the Court vacate the decision of the Commissioner of Social Security and remand this case to the Commissioner for a calculation and award of benefits. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Neither party filed objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R in its entirety. See 28 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 2|| 72(b)(3) (‘The district judge may accept, reject, or modify the recommended disposition; || receive further evidence; or return the matter to the magistrate judge with instructions.’’).

4 IT IS ORDERED that the R&R (Doc. 20) is ACCEPTED.

5 IT IS FURTHER ORDERED that the reference of this case to the Magistrate 6|| Judge is WITHDRAWN, and the Commissioner’s decision to deny benefits is 7|| VACATED. This matter is REMANDED to the Commissioner for a calculation and || award of benefits.

9 IT IS FURTHER ORDERED that the Clerk of the Court enter judgment || accordingly and terminate this case.

11 Dated this 25th day of April, 2023.

14 {Z, 16 Upited States Dictria Judge _2-