UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
August 31, 2012
MICHAEL J. ASTRUE, COMMISSIONER OF
The opinion of the court was delivered by: Hon. Michael M. Anello United States District Judge
ADOPTING REPORT AND RECOMMENDATION; [Doc. No. 23]
GRANTING IN PART AND DENYING IN PART PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT; [Doc. No. 18]
DENYING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT; AND
[Doc. No. 19]
REMANDING THE ACTION TO
THE SOCIAL SECURITY
ADMINISTRATION FOR FURTHER PROCEEDINGS
Pending before the Court is the Report and Recommendation ("R&R") of
Magistrate Judge Bernard G. Skomal, filed on July 20, 2012,
recommending that the Court deny in part and grant in part
Plaintiff's motion for summary judgment and deny Defendant's
cross-motion for summary judgment. [Doc. No. 23]. Neither party
objected to the Magistrate Judge's R&R.
The duties of the district court in connection with a Magistrate Judge's R&R are set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1). Where the parties object to a R&R, "[a] judge of the [district] court shall make a de novo determination of those portions of the [R&R] to which objection is made." 28 U.S.C. § 636(b)(1); see Thomas v. Arn, 474 U.S. 140, 149--50 (1985). When no objections are filed, the district court need not review the R&R de novo. Wang v. Masaitis, 416 F.3d 992, 1000 n. 13 (9th Cir. 2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121--22 (9th Cir. 2003) (en banc). A district court may nevertheless "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1); Wilkins v. Ramirez, 455 F. Supp. 2d 1080, 1088 (S.D. Cal. 2006); Or. Natural Desert Ass'n v. Rasmussen, 451 F. Supp. 2d 1202, 1205 (D. Or. 2006).
After reviewing the R&R in its entirety, the Court finds that the Magistrate Judge's conclusions are thorough, well-reasoned, and supported by the record. In light of the foregoing, and the fact that neither party objected to the R&R, the Court hereby ADOPTS the R&R in its entirety.
Accordingly, IT IS HEREBY ORDERED that:
1. The Magistrate Judge's Report and Recommendation [Doc. No. 23] is ADOPTED in its entirety;
2. Plaintiff's Motion for Summary Judgment [Doc. No. 18] is GRANTED IN PART AND DENIED IN PART;
3. Defendant's Cross-Motion for Summary Judgment [Doc. No. 19] is DENIED; and
4. The action is REMANDED to the Social Security Administration for further proceedings consistent with this decision.
IT IS SO ORDERED.
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