Opinion
2:23-cv-2617-JLB-UAM
08-08-2024
SARAH ROYAL, Plaintiff, v. MARTIN O'MALLEY, COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
JOHN L. BADALAMENTI, UNITED STATES DISTRICT JUDGE
The Magistrate Judge has entered a Report and Recommendation, recommending that Defendant's Unopposed Motion for Entry of Judgment with Remand under sentence four of 42 U.S.C. § 405(g) (Doc. 28) be granted. (Doc. 29). No party has objected, and the time to do so has expired.
A district judge may accept, reject, or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). The district judge must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id.
Here, after an independent review of the entire record, and noting that no objection has been filed, the Court finds that the thorough and well-reasoned Report and Recommendation is due to be adopted.
Accordingly, it is ORDERED:
1. The Report and Recommendation (Doc. 29) is ADOPTED and made a part of this Order for all purposes.
2. Defendant's Unopposed Motion for Entry of Judgment with Remand (Doc. 28) is GRANTED.
3. The decision of the Commissioner is REVERSED and this case is REMANDED under sentence four of 42 U.S.C. § 405(g).
4. Plaintiff is instructed that any application for fees, costs, or expenses must comply with the Court's Standing Order on Management of Social Security Cases, In re Administrative Orders of the Chief Judge, Case No. 3:21-mc-1-TJC, Doc. 43 (Dec. 7, 2021).
5. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate any pending motions and deadlines, and close the file.
ORDERED.