Opinion
21-cv-556-MMA (JLB)
09-15-2022
JAMES T., Plaintiff, v. KILOLO KIJAKAZI, Commissioner of Social Security, Defendant.[1]
ORDER ADOPTING REPORT AND RECOMMENDATION; [DOC. NO. 18] GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; [DOC. NO. 13] AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS
HON. MICHAEL M. ANELLO UNITED STATES DISTRICT JUDGE
On March 30, 2021, Plaintiff James T. (“Plaintiff”) filed this social security appeal challenging the denial of an application for supplemental security income benefits. See Doc. No. 1. The Court referred all matters arising in this appeal to the assigned magistrate judge for report and recommendation pursuant to Section 636(b)(1)(B) of Title 28 of the United States Code, and Civil Local Rule 72.1. See 28 U.S.C. § 636(b)(1)(B); S.D. Cal. CivLR 72.1. Plaintiff has moved for summary judgment. See Doc. No. 13. Judge Burkhardt has issued a thorough and well-reasoned Report recommending that the Court grant Plaintiff's motion for summary judgment and remand the matter for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). See Doc. No. 18. Neither party objected to the Report and Recommendation. The time for filing objections has expired.
The duties of the district court in connection with a magistrate judge's report and recommendation are set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1). Where the parties object to a report and recommendation (“R&R”), “[a] judge of the [district] court shall make a de novo determination of those portions of the [R&R] to which objection is made.” 28 U.S.C. § 636(b)(1); see Thomas v. Arn, 474 U.S. 140, 149-50 (1985). When no objections are filed, the district court need not review the R&R de novo. See Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en banc). A district judge may nevertheless “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); see also Wilkins v. Ramirez, 455 F.Supp.2d 1080, 1088 (S.D. Cal. 2006).
The Court has made a review and determination in accordance with the requirements of 28 U.S.C. § 636 and applicable case law. Upon due consideration, the Court ADOPTS Judge Burkhardt's Report and Recommendation and GRANTS Plaintiff's motion for summary judgment. Accordingly, the Court REMANDS this matter for further administrative proceedings consistent with this Court's Order and Judge Burkhardt's Report and Recommendation. The Court DIRECTS the Clerk of Court to enter judgment accordingly and close the case.
IT IS SO ORDERED.