Gutierrez v. Berryhill

United States District Court for the Southern District of California

Gutierrez v. Berryhill

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RICARDO G., Case No.: 18-cv-2621-AJB-MSB

12 Plaintiff, ORDER: 13 v. (1) ADOPTING THE REPORT AND 14 ANDREW M. SAUL, Commissioner of Social Security, 1 RECOMMENDATION (Doc. No. 13); 15 AND Defendant. 16 (2) AFFIRMING THE 17 COMMISSIONER OF SOCIAL SECURITY’S DECISION 18

19 Before the Court is the parties’ Joint Motion for Judicial Review on Plaintiff’s 20 request that the Court review the commissioner’s denial of his claim for disability benefits. 21 (Doc. No. 13.) The Court referred the matter to Magistrate Judge Michael S. Berg for a 22 Report and Recommendation (“R&R”). (Doc. No. 9.) The R&R recommends that the 23 decision of the Commissioner of Social Security be affirmed and this action be dismissed. 24 (Doc. No. 13 at 11.) The parties were instructed to file written objections to the R&R by 25 February 21, 2020. (Id.) 26

27 1 Andrew M. Saul became Commissioner of Social Security on June 17, 2019 and is therefore 28 1 Federal Rule of Civil Procedure 72(b) and

28 U.S.C. § 636

(b)(1) set forth a district 2 || judge’s duties in connection with a magistrate judge’s R&R. The district judge must “make 3 ||a de novo determination of those portions of the report . . . to which objection is made[,]” 4 || and “may accept, reject, or modify, in whole or in part, the findings or recommendations 5 ||made by the magistrate judge.”

28 U.S.C. § 636

(b)(1); see also United States v. Remsing, 6 ||

874 F.2d 614, 617

(9th Cir. 1989). However, in the absence of objection(s), the Court “need 7 || only satisfy itself that there is no clear error on the face of the record in order to accept the 8 ||recommendation.” Fed. R. Civ. P. 72(b) advisory committee note to the 1983 amendment; 9 || see also United States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003). 10 Neither party has filed objections to Magistrate Judge Berg’s R&R. Having reviewed 11 ||the R&R, the Court finds it thorough, well-reasoned, and contains no clear error. 12 || Accordingly, the Court hereby: ADOPTS Magistrate Judge Berg’s R&R in its entirety, 13 ||(Doc. No. 11), and AFFIRMS the decision of the Commissioner of Social Security. The 14 || Court Clerk is instructed to close the case. 15 IT IS SO ORDERED. 16 || Dated: March 2, 2020 © 1 ez : Hon. Anthony J.Battaglia 18 United States District Judge 19 20 21 22 23 24 25 26 27 28

Reference

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