United States District Court for the District of Arizona, 2025

Devery v. Commissioner of Social Security Administration

Devery v. Commissioner of Social Security Administration
United States District Court for the District of Arizona · Decided February 28, 2025
Devery v. Commissioner of Social Security Administration

Trial Court Opinion

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

9 Joanna Devery, No. CV-24-00025-TUC-AMM 10 Plaintiff, ORDER v. Commissioner of Social Security Administration, Defendant.

15 On February 19, 2025, Magistrate Judge Eric J. Markovich issued a Report and Recommendation (“R&R”) recommending this Court reverse and remand the decision of the Commissioner of Social Security. (Doc. 30.) Judge Markovich notified the parties they had seven (7) days to file any written objections to the proposed findings and recommendation. (Id. at 41.) Neither party filed an objection, and the time to do so has now passed.

21 A district court is not required to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985); see also 28 23 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”). “[T]he court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b), Advisory Committee Notes 1983 Addition.

28 /// 1 The Court has reviewed Judge Markovich’s R&R, the parties’ briefs, and the 2|| record. The Court finds no clear error and agrees with the findings and recommendation.

3 Accordingly, 4 IT IS ORDERED that the Report and Recommendation is ADOPTED. (Doc. || 30.)

6 IT IS FURTHER ORDERED that decision by the Commissioner is 7|| REVERSED and the matter is REMANDED for further consideration. The Clerk of || Court shall enter judgment accordingly and close this case.

9 Dated this 27th day of February, 2025.

Daw wut 12 ~ Honorable Angela M. Martinez B United States District Judge -2-

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