Opinion
Case No.: 3:16-cv-01837-BEN-PCL
06-28-2017
EUGENE MEIER, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
ORDER:
(1) ADOPTING REPORT AND RECOMMENDATION;
(2) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; and
(3) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Plaintiff Eugene Meier filed this action seeking judicial review of the Social Security Commissioner's denial of his application for disability insurance benefits. Plaintiff filed a motion for summary judgment, and Defendant filed a cross-motion for summary judgment and an opposition to Plaintiff's motion.
When Plaintiff initiated this action, Carolyn W. Colvin was serving as the Acting Commissioner of the Social Security Administration. Nancy A. Berryhill is now serving as the Acting Commissioner. Pursuant to Federal Rule of Civil Procedure 25(d), Berryhill is automatically substituted as a party. --------
On June 9, 2017, Magistrate Judge Peter C. Lewis issued a thoughtful and thorough Report and Recommendation, recommending that this Court grant Defendant's motion and deny Plaintiff's motion. Objections to the Report and Recommendation were due June 23, 2017. Neither party has filed any objections.
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); 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.
The Court has considered and agrees with the Report and Recommendation. The Court ADOPTS the Report and Recommendation. (Docket No. 18). Plaintiff's motion for summary judgment is DENIED. (Docket No. 14). Defendant's cross-motion for summary judgment is GRANTED. (Docket No. 15).
IT IS SO ORDERED. Dated: June 28, 2017
/s/_________
Hon. Roger T. Benitez
United States District Judge