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Ricky R. Likens v. Michael J. Astrue

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


September 20, 2012

RICKY R. LIKENS,
PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

Likens challenges the denial of his claim for disability benefits under the Social Security Act. The challenge was referred to Magistrate Judge Skomal for a Report and Recommendation pursuant to 28 U.S.C. § 636, after which Likens and the Commissioner filed cross-motions for summary judgment. Judge Skomal issued his R&R on September 4, 2012, finding for Likens and recommending that his claim be remanded to the ALJ for further consideration.

The Court reviews an R&R on dispositive motions pursuant to Fed. R. Civ. P. 72(b). Rule 72(b) "makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). Because the Commissioner has not filed any objections to the R&R the Court presumes he has none. The R&R is therefore ADOPTED. Likens' claim for disability benefits is REMANDED to the ALJ for the reasons thoroughly outlined in the R&R.

IT IS SO ORDERED.

20120920

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