Opinion
CV-23-00008-TUC-JGZ (JR)
12-12-2023
ORDER ACCEPTING REPORT & RECOMMENDATION
Jennifer G. Zipps, United States District Judge
On November 2, 2023, Magistrate Judge Jaqueline M. Rateau issued a Report and Recommendation (“R&R”) in which she recommended the Court reverse the Administrative Law Judge's decision and remand the matter to the Commissioner for further administrative proceedings. (Doc. 23.) The R&R notified the parties they had fourteen (14) days from the date of the R&R to file any objections. No objections have been filed.
If neither party objects to a magistrate judge's report and recommendation, the District Court is not required to review the magistrate judge's decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for review of a magistrate judge's recommendation “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.” Thomas, 474 U.S. at 154.
The Court finds the R&R well-reasoned and agrees with Judge Rateau's conclusion that the Administrative Law Judge's decision should be reversed and remanded to the Commissioner for further proceedings.
Accordingly, IT IS ORDERED the Report and Recommendation (Doc. 23) is ACCEPTED.
IT IS FURTHER ORDERED the Administrative Law Judge's decision is REVERSED and REMANDED to the Commissioner for further administrative proceedings consistent with this Order and Judge Rateau's Report & Recommendation.
IT IS FURTHER ORDERED the Clerk of Court shall docket this Order and close this action.