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stating that, when an error is inconsequential to the ultimate disability determination, the error is harmless in nature
Summary of this case from Linger v. ColvinOpinion
Civil Action No. 2:14-CV-33 (BAILEY)
10-21-2014
ELKINS DALE JOSEPH NORMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation of United States Magistrate Judge John S. Kaull [Doc. 12], dated August 27, 2014. 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 magistrate judge's proposed findings and recommendation permits the District Court to review the recommendation under the standards that the District Court believes are appropriate, and under these circumstances, the parties' right to de novo review is waived. See Webb v. Califano, 468 F.Supp. 825 (E.D. Cal. 1979). To date, no objections have been filed. Accordingly, this Court will review the R&R for clear error.
Upon review of the R&R and the record, it is the opinion of this Court that the Magistrate Judge's Report and Recommendation [Doc. 12] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated therein. Therefore, the Defendant's Motion for Summary Judgment [Doc. 10] is GRANTED and the Plaintiff's Motion for Summary Judgment [Doc. 9] is DENIED. This matter is hereby DISMISSED and ORDERED STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter a judgment in favor of the defendant.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record.
DATED: October 21, 2014.
/s/_________
JOHN PRESTON BAILEY
UNITED STATES DISTRICT JUDGE