McCabe v. Comm'r of Soc. Sec. Admin.

Full title: Tammi R. McCabe, Plaintiff, v. Commissioner of Social Security…

Court: United States District Court, District of Arizona

Date published: Apr 25, 2023

CV-22-00192-PHX-DLR (CDB) (D. Ariz. Apr. 25, 2023)

Opinion

CV-22-00192-PHX-DLR (CDB)

04-25-2023

Tammi R. McCabe, Plaintiff, v. Commissioner of Social Security Administration, Defendant.

DOUGLAS L. RAYES, UNITED STATES DISTRICT JUDGE

ORDER

DOUGLAS L. RAYES, UNITED STATES DISTRICT JUDGE

Before the Court is United States Magistrate Judge Camille D. Bibles' Report and Recommendation (“R&R”) (Doc. 20). The R&R recommends that the Court vacate the decision of the Commissioner of Social Security and remand this case to the Commissioner for a calculation and award of benefits. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Neither party filed objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection.”); Fed.R.Civ.P. 72(b)(3) (“The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R in its entirety. See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate”); Fed.R.Civ.P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”).

IT IS ORDERED that the R&R (Doc. 20) is ACCEPTED.

IT IS FURTHER ORDERED that the reference of this case to the Magistrate Judge is WITHDRAWN, and the Commissioner's decision to deny benefits is VACATED. This matter is REMANDED to the Commissioner for a calculation and award of benefits.

IT IS FURTHER ORDERED that the Clerk of the Court enter judgment accordingly and terminate this case.