Opinion
CIVIL ACTION NO.: 3:14-CV-105
06-04-2015
DENISE SCHMITT, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
(GROH)
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation ("R&R") of United States Magistrate Judge Robert W. Trumble, [ECF 15], filed on May 14, 2015, to which neither party filed objections.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court must review de novo those portions of the magistrate judge's findings to which the Plaintiff objects. However, failure to file objections permits the district court to review the R&R under the standards that the district court believes are appropriate, and if parties do not object to an issue, the parties' right to de novo review is waived as to that issue. See Webb v. Califano, 468 F. Supp. 825, 830-31 (E.D. Cal. 1979). Pursuant to Magistrate Judge Trumble's R&R, as well as 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 6(d), objections were due fourteen plus three days after entry of the R&R, or Monday, June 1, 2015. Because no objections have been filed, this Court reviews the R&R for clear error.
Upon review of the above, it is the opinion of this Court that the Report and Recommendation, [ECF 15], should be, and is, hereby ORDERED ADOPTED. The Court ORDERS that the Defendant's Motion for Summary Judgment, [ECF 10], be GRANTED and the Plaintiff's Motion for Summary Judgment, [ECF 9], be DENIED. The Court further ORDERS that this matter be DISMISSED WITH PREJUDICE and that it be stricken from this Court's active docket.
Pursuant to Federal Rule of Civil Procedure 58, the Clerk is directed to enter a separate order of judgment in favor of the Defendant.
The Clerk is directed to transmit copies of this Order to all counsel of record herein.
DATED: June 4, 2015
/s/_________
GINA M. GROH
CHIEF UNITED STATES DISTRICT JUDGE