Kaycee Forsyth v. Commissioner of Social Security Administration

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

9 Kaycee Forsyth, No. CV-24-00571-TUC-SHR 10 Plaintiff, ORDER v. Commissioner of Social Security Administration, Defendant.

16 On September 23, 2025, Magistrate Judge Bruce G. Macdonald issued a Report and Recommendation ("R&R") in which he recommended the Court reverse the Commissioner of Social Security's decision and remand the matter for an award of benefits. (Doc. 20.)

19 The R&R notified the parties they had fourteen (14) days after being served with a copy of the R&R to file any objections. (Id. at 16.) No objections have been filed.

21 If neither party objects to a magistrate judge's R&R, the District Court is not required to review the magistrate judge's decision under any specified standard of review.

23 Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v. Reyna-Tapia, 328 F.3d 24 1114, 1121 (9th Cir. 2003) (en banc) (noting a district court need only review a 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.

1 In this case, the deadline for filing objections has passed. As noted, no objections 2|| have been filed, and neither party has requested additional time to do so despite the warning || from Judge Macdonald indicating "[flailure to file timely objections to any factual or legal 4|| determination of the Magistrate Judge may result in waiver of the right to review.” (Doc.

5|| 20 at 16.) Therefore, the Court will adopt the R&R on that basis alone. See Schmidt v. || Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (declining to substantively review || the magistrate judge's report and recommendation because no objections were filed).

8 Accordingly, 9 IT IS ORDERED Magistrate Judge Macdonald's R&R (Doc. 20) is ADOPTED.

10 IT IS FURTHER ORDERED the Commissioner of Social Security's decision is |} REVERSED. This matter is REMANDED for an award of benefits consistent with the R&R. 13 IT IS FURTHER ORDERED the Clerk of Court shall enter judgment accordingly and close this case.

15 Dated this 23rd day of October, 2025.

17 / /) 19 Honorable Scott H,. Rash United States District Judge -2-