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Bailey v. Barnhart

United States District Court, D. Kansas
Aug 26, 2003
No. 01-4006-SAC (D. Kan. Aug. 26, 2003)

Opinion

No. 01-4006-SAC

August 26, 2003


MEMORANDUM AND ORDER


This social security appeal comes before the court on the magistrate judge's report and recommendation filed August 1, 2003. The magistrate judge recommends affirming the Commissioner's decision that denied the plaintiff's applications for benefits. No objection has been taken to the magistrate's report and recommendation.

A report and recommendation to which there has been no objection is taken as true and judged on the applicable law. See Campbell v. United States District Court for the Northern Dist. of California, 501 F.2d 196, 206 (9th Cir., cert. denied, 419 U.S. 879 (1974); see also Summers v. Utah, 927 F.2d 1165, 1167-68 (10th Cir. 1991) (holding that "[i]n the absence of timely objection, the district court may review a magistrate's report under any standard it deems appropriate"). The district court has considerable judicial discretion in choosing what reliance to place on the magistrate judge's findings and recommendations. See Andrews v. Deland, 943 F.2d 1162, 1170 (10th Cir. 1991) (citing United States v. Raddatz, 447 U.S. 667 (1980)), cert. denied, 502 U.S. 1110 (1992). The court has made a full and complete review of the record and the issues, and hereby adopts the magistrate judge's report and recommendation. IT IS THEREFORE ORDERED that the court adopts the magistrate judge's report and recommendation filed August 1, 2003, and affirms the Commissioner's decision denying benefits to the plaintiff.


Summaries of

Bailey v. Barnhart

United States District Court, D. Kansas
Aug 26, 2003
No. 01-4006-SAC (D. Kan. Aug. 26, 2003)
Case details for

Bailey v. Barnhart

Case Details

Full title:DIRK A. BAILEY, Plaintiff Vs. JO ANNE B. BARNHART, Commissioner of Social…

Court:United States District Court, D. Kansas

Date published: Aug 26, 2003

Citations

No. 01-4006-SAC (D. Kan. Aug. 26, 2003)