Opinion
21-cv-522-MMA (MSB)
09-21-2022
Rafael G., Plaintiff v. KILOLO KIJAKAZI, Commissioner of Social Security, Defendant.[1]
ORDER (1) ADOPTING REPORT AND RECOMMENDATION; AND [Doc. No. 22] (2) AFFIRMING THE COMMISSIONER OF SOCIAL SECURITY'S DECISION [Doc. No. 21]
HON. MICHAEL M. ANELLO United States District Judge
On March 24, 2021, Plaintiff Rafael G. (“Plaintiff”) filed this social security appeal challenging the denial of an application for disability insurance 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. Judge Berg has issued a thorough and well-reasoned Report recommending that the Court affirm the decision of the Commissioner. See Doc. No. 22. 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 Berg's Report and Recommendation in its entirety and AFFIRMS the decision of the Commissioner of Social Security. The Court DIRECTS the Clerk of Court to enter judgment accordingly and close the case.
IT IS SO ORDERED.