Opinion
CASE NO. 15cv906-LAB (BLM)
03-16-2016
LAWRENCE MICHAEL DEMKO, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION AND ORDER OF DISMISSAL
This social security appeal was referred to Magistrate Judge Barbara L. Major for a report and recommendation ("R & R"). Judge Major's R & R on the cross motions for summary judgment recommends that Plaintiff Lawrence Michael Demko's motion be denied and the Defendant Commissioner of Social Security's ("Commissioner") motion be granted. Objections to the R & R were due on February 26, 2016. No objections were filed.
A district court has jurisdiction to review a Magistrate Judge's report and recommendation on dispositive matters. Fed. R. Civ. P. 72(b). "The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Id. "A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). This section does not require some lesser review by the district court when no objections are filed. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The "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). The Court has nonetheless reviewed the R & R and agrees with its rationale and conclusions.
Plaintiff's motion for summary judgment is DENIED, and Defendant's motion for summary judgment is GRANTED.
IT IS SO ORDERED. DATED: March 16, 2016
/s/_________
HONORABLE LARRY ALAN BURNS
United States District Judge