Harris v. King

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

LEQUANTE H., ORDER AFFIRMING AND ADOPTING Plaintiff, REPORT & RECOMMENDATION v. Case No. 2:23CV00924-DAK-DAO MICHELLE A. KING, Acting Commissioner of Judge Dale A. Kimball the Social Security Administration, Magistrate Judge Daphne A. Oberg Defendant.

This case was assigned to United States District Court Judge Dale A. Kimball, who referred the case to United States Magistrate Judge Daphne A. Oberg under 28 U.S.C. § 636(b)(1)(B). On January 8, 2025, the Magistrate Judge entered a Report and Recommendation (“R&R”), recommending that the court affirm the Commissioner’s decision to deny Ms. H.’s application for disability insurance benefits.1 The R&R notified the parties that any objection to the R&R must be filed within fourteen days of being served with a copy of the R&R. No objection has been filed as of the date of this Order.

“In the absence of timely objection, the district court may review a magistrate [judge's] report under any standard it deems appropriate.” Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150, (1985) (“It does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a ECF No. 23. de novo or any other standard, when neither party objects to those findings”). The court is satisfied that Judge Oberg’s recommendation, which was made after a thorough analysis of the challenged issue, is sound and that there is no clear error on the face of the record. See Fed. R. Civ. P. 72(a).

Accordingly, the court AFFIRMS and ADOPTS Magistrate Judge Oberg’s Report and Recommendation [ECF No. 23] in its entirety. This decision of the Commissioner is AFFIRMED.

DATED this 28" day of January 2025.

BY THE COURT: LD G K Yeee DALE A. KIMBALL United States District Judge