Opinion
CIVIL ACTION NO.: 3:17-CV-110
06-26-2018
CHERYL ANN GRAGG, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
(GROH)
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation ("R&R") of United States Magistrate Judge Michael John Aloi [ECF No. 14], entered on June 4, 2018, to which neither party filed objections.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is required to make a de novo review of those portions of the R&R to which objection is made. However, failure to file objections permits the district court to review the R&R under the standard that it believes to be appropriate, and under these circumstances, the parties' right to de novo review is waived. See Webb v. Califano, 468 F. Supp. 825, 830-31 (E.D. Cal. 1979).
Pursuant to Magistrate Judge Aloi's R&R, as well as 28 U.S.C. § 636(b)(1)(C) and Federal Rule of Civil Procedure 6, objections were due within fourteen plus three days after entry of the R&R. Because no objections have been filed, this Court will review the R&R for clear error.
Upon review and consideration, is the opinion of the Court that Magistrate Judge Aloi's Report and Recommendation [ECF No. 14] should be, and is, hereby ORDERED ADOPTED. For the reasons more fully stated in the Report and Recommendation, this Court ORDERS that the Plaintiff's Motion for Judgment on the Pleadings [ECF No. 9] is GRANTED and the Defendant's Motion for Summary Judgment [ECF No. 11] is DENIED. The Court further ORDERS that this matter be REMANDED for further action in accordance with the R&R.
Pursuant to Federal Rule of Civil Procedure 58, the Clerk is DIRECTED to enter a separate order of judgment in favor of the Plaintiff. The Clerk is further DIRECTED to transmit copies of this Order to all counsel of record herein.
It is so ORDERED.
DATED: June 26, 2018
/s/_________
GINA M. GROH
CHIEF UNITED STATES DISTRICT JUDGE