Opinion
CV-20-00344-TUC-RCC (LCK)
02-09-2022
Martin Salcedo, Plaintiff, v. Commissioner of Social Security Administration, Defendant.
ORDER
Honorable Raner C. Collins Senior United States District Judge
On January 3, 2022, Magistrate Judge Lynnette C. Kimmins issued a Report and Recommendation (“R&R”) in which she recommended the Court remand this matter to the ALJ for a new hearing and further proceedings, pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 29.) The R&R notified the parties that they had fourteen (14) days from the date of the R&R to file any objections. No. objections have been filed.
Where neither party objects to a Magistrate Judge's Report and Recommendation, the District Court is not required to review the Magistrate Judge's decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute guiding review “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.” Id. at 154.
In this matter, the Court has reviewed and considered the Complaint, Answer, Opening, Response, and Reply Briefs, and the R&R. The Court finds that the R&R is well-reasoned and agrees with the conclusions reached by Judge Kimmins.
Accordingly, IT IS ORDERED:
1. The R&R is ADOPTED. (Doc. 29.)
2. The final decision by the Commissioner of Social Security is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g).
3. The Clerk of Court shall docket accordingly and close the case file in this matter.