Opinion
CASE NO. 10cv1167 BEN (PCL)
06-01-2012
WILLIAM TAYLOR SCOTT, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff William Taylor Scott filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying his application for Supplemental Security Income Payments. The matter was referred for Report and Recommendation. Plaintiff filed a Motion for Summary Judgment and Defendant filed a Cross-Motion for Summary Judgment. (Dkt. Nos. 19-20.)
On April 13, 2012, Magistrate Judge Peter C. Lewis issued a thoughtful and thorough Report and Recommendation recommending this Court deny Plaintiff's Motion for Summary Judgment and grant Defendant's Cross-Motion for Summary Judgment. (Dkt. No. 23.) Any objections to the Report and Recommendation were due May 4, 2012. (Id.) Plaintiff did not file any objections.
A district judge "may accept, reject, or modify the recommended disposition" of a magistrate judge on a dispositive matter. Fed. R. Civ. P. 72(b)(3); see also 28 U.S.C. §636(b)(1). "[T]he district judge must determine de novo any part of the [report and recommendation] that has been properly objected to." Fed. R. Civ. P. 72(b)(3). However, "[t]he statute 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) (emphasis in original), cert denied, 540 U.S. 900 (2003); see also Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005). "Neither the Constitution nor the statute requires a district judge to review, de novo, findings and recommendations that the parties themselves accept as correct." Reyna-Tapia, 328 F.3d at 1121.
In the absence of any objections, the Court fully ADOPTS Judge Lewis' Report and Recommendation. Plaintiff's Motion for Summary Judgment is DENIED. Defendant's Cross-Motion for Summary Judgment is GRANTED.
IT IS SO ORDERED.
__________________
Hon. Roger T. Benitez
United States District Judge