Reed v. Kijakazi

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

MIKELANN REED,

CV 21-40-BLG-SPW Plaintiff,

vs. ORDER ADOPTING

MAGISTRATE’S FINDINGS KILO KIJAKAZI, Acting AND RECOMMENDATIONS Commissioner of the Social Security Administration,

Defendant.

United States Magistrate Judge Timothy Cavan filed Findings and Recommendations on November 10, 2022. (Doc. 19). Judge Cavan recommended that Plaintiff's motion for summary judgment be denied, and the Commissioner’s decision be affirmed. (Doc. 19 at 2).

Pursuant to 28 U.S.C. § 636(b)(1), parties are required to file written objections within 14 days of the filing of the Magistrate’s Findings and Recommendation. No objections were filed. When neither party objects, this Court reviews the Magistrate’s Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a “definite and firm conviction that a mistake has been committed.” United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendation, this Court does not find that Judge Cavan committed clear error.

IT IS ORDERED that the proposed Findings and Recommendations entered by the United States Magistrate Judge (Doc. 19) are ADOPTED IN FULL.

IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment (Doc. 14) is DENIED.

DATED this LE Gay of December, 2022.

Lercrr CMa.

SUSAN P. WATTERS United States District Judge