Fones v. Commissioner of Social Security Administration

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

9 Amanda Fones, No. CV-23-1227-PHX-GMS (JFM) 10 Plaintiff, ORDER v. Commissioner of Social Security Administration, Defendant.

16 Pending before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge James F. Metcalf (Doc. 26) issued March 6, 2024 in the above-captioned case. The R&R recommends that the final decision of the Commissioner of the Social Security Administration be affirmed. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R. (R&R at 10 (citing Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)) and that failure to timely file objections will constitute a waiver of a party’s right to appellate review of the findings of fact in an order or judgment entered pursuant to the recommendation of the Magistrate Judge, Robbins v. Carey, 481 F.3d 1143, 1146-47 (9th Cir. 2007). No objections were filed.

26 Because the parties did not file objections, the court need not review any of the Magistrate Judge’s determinations on dispositive matters. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Thomas vy. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any 2|| review at all... of any issue that is not the subject of an objection.”). The absence of a || timely objection also means that error may not be assigned on appeal to any defect in the 4|| rulings of the Magistrate Judge on any non-dispositive matters. Fed. R. Civ. P. 72(a) (“A || party may serve and file objections to the order within 14 days after being served with a 6|| copy [of the magistrate’s order]. A party may not assign as error a defect in the order not 7\| timely objected to.”); Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174 (9th Cir. 1996); || Phillips v. GMC, 289 F.3d 1117, 1120-21 (9th Cir. 2002).

9 The Court accepts the R&R and affirm the final decision of the Commissioner of Social Security. See 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 judge’).

13 IT IS ORDERED that the Report and Recommendation of the Magistrate Judge 14]| (Doc. 26) is accepted.

15 IT IS FURTHER ORDERED affirming the final decision of the Commissioner of || Social Security.

17 IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment accordingly and terminate this action.

19 Dated this 9th day of April, 2024.

20 W, 21 A Whacrsay Fotos 22 Chief United States District Judge _2-