Opinion
CASE NO. 12-CV-708 BEN (WMc)
07-15-2013
LISA A. DARNELL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security, Defendant.
ORDER:
(1) ADOPTING REPORT AND
RECOMMENDATION
(2) DENYING PLAINTIFF'S
MOTION FOR SUMMARY
JUDGMENT
(3) GRANTING DEFENDANT'S
CROSS-MOTION FOR
SUMMARY JUDGMENT
[Docket Nos. 16, 17, 20]
On August 15, 2012, Plaintiff filed a motion for summary judgment (Docket No. 16), and on August 24, 2012, Defendant filed a cross-motion for summary judgment (Docket No. 17). Magistrate Judge William McCurine issued a thoughtful and thorough Report and Recommendation recommending that Plaintiff“s motion for summary judgment be denied and Defendant's cross-motion for summary judgment be granted. (Docket No. 20.) Any objections to the Report and Recommendation were due July 12, 2013. (Id.)Neither party filed any objections. For the reasons that follow, the Report and Recommendation is ADOPTED.
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); 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 McCurine's Report and Recommendation. Defendant's cross-motion for summary judgment is GRANTED, and Plaintiffs motion for summary judgment is DENIED.
IT IS SO ORDERED.
____________________
HON. ROGER T. BENITEZ
United States District Judge