United States District Court for the District of Arizona, 2024

Spencer v. Commissioner of Social Security Administration

Spencer v. Commissioner of Social Security Administration
United States District Court for the District of Arizona · Decided June 11, 2024
Spencer v. Commissioner of Social Security Administration

Trial Court Opinion

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

9 Meagan M Spencer, No. CV-23-01604-PHX-DWL 10 Plaintiff, ORDER v. Commissioner of Social Security Administration, Defendant.

15 This is a Social Security appeal. On August 14, 2023, the Court referred the matter to Magistrate Judge Bibles for the preparation of a report and recommendation (“R&R”) as to the final disposition. (Doc. 7.) On May 24, 2024, Judge Bibles issued an R&R concluding that the ALJ’s decision should be affirmed. (Doc. 24.) The R&R further explained that “[p]ursuant to Rule 72(b)(2) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the Court.” (Id. at 45.)

23 Here, no such objections have been filed and the 14-day deadline has expired. Thus, the Court accepts the R&R’s recommendation. See, e.g., Thomas v. Arn, 474 U.S. 140, 149-50 (1985) (“It does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (“[N]o review is required of a magistrate judge’s report and || recommendation unless objections are filed.”). See also United States v. Reyna-Tapia, 328 2|| F.3d 1114, 1121 (9th Cir. 2003) (“[T]he district judge must review the magistrate judge’s || findings and recommendations de novo if objection is made, but not otherwise.”).

4 Accordingly, 5 IT IS ORDERED that: 6 1. The R&R (Doc. 24) is adopted.

7 2. The decision of the ALJ is affirmed.

8 3. The Clerk shall enter judgment accordingly and terminate this action.

9 Dated this 11th day of June, 2024.

11 Lom ee” 12 f t _o—— Dominic W. Lanza 13 United States District Judge _2-

Case-law data current through December 31, 2025. Source: CourtListener bulk data.