Opinion
CIVIL ACTION NO. 1:14CV151
12-02-2015
BETH ANN MCGINNIS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
( ) ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DKT. NO. 13)
Pending before the Court is the Report and Recommendation of United States Magistrate Michael John Aloi ("R&R") (dkt. no. 13), dated November 10, 2015. 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 magistrate judge's findings to which objection is made. However, failure to file objections to the R&R permits a district court to review the recommendation under standards that the court believes are appropriate; under these circumstances, the parties' right to de novo review is waived. See Webb v. Califano, 468 F.Supp. 825 (E.D. Cal. 1979). Here, no objections have been filed, and the Court will review the R&R for clear error.
Following review of the R&R and the record, it is the opinion of this Court that the Magistrate Judge's R&R (dkt. no. 13) should be, and, is, hereby ORDERED ADOPTED for the reasons more fully stated therein. Therefore, the Court
1. GRANTS the defendant's motion for Summary Judgment (dkt. no. 10);
2. DENIES the plaintiff's motion for Summary Judgment (dkt. no. 9); and
3. DISMISSES this civil action WITH PREJUDICE; and
4. ORDERS it STRICKEN from the active docket of this Court.
The Court directs the Clerk of Court to enter judgment in favor of the defendant.
It is so ORDERED.
The Court directs the Clerk to transmit copies of this Order to all counsel of record. DATED: December 2, 2015.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE