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finding ALJ properly discounted as conclusory aspects of Medical Source Statement, despite recognizing that the ALJ gave "significant weight" to other aspects of the opinion
Summary of this case from Hawley v. BerryhillOpinion
Case No. 2:13-cv-01862-RFB-NJK
12-02-2015
ORDER ACCEPTING REPORT & RECOMMENDATION OF MAGISTRATE JUDGE NANCY J. KOPPE
Before the Court for consideration is the Report and Recommendation (ECF No. 33) of the Honorable Nancy J. Koppe, United States Magistrate Judge, entered September 24, 2015.
A district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b)(1). A party may file specific written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is required to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1); see also Local Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct "any review," de novo or otherwise, of the report and recommendations of a magistrate judge. Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due by October 11, 2015. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge's recommendation(s).
IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 33) is ACCEPTED and ADOPTED in full.
IT IS ORDERED that Plaintiff's Motion for Reversal and/or Remand (ECF No. 25) is DENIED and that Defendant's Cross-Motion to Affirm (ECF No. 27) is GRANTED.
IT IS FURTHER that the Clerk of Court shall serve this Order on the persons and respective addresses as noted in the Report and Recommendation. The Clerk shall enter judgment accordingly and close the case.
DATED this 2nd day of December, 2015.
/s/_________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE