Summary
noting that the claimant's applications for jobs and unemployment benefits after the alleged onset date were "obviously not consistent with his allegations of disabling pain"
Summary of this case from Johnson v. Comm'rOpinion
CASE NO. 2:13-cv-15197
11-30-2014
JOHN VILLARREAL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE COMMISSIONER
Plaintiff John Villarreal filed an appeal of the Defendant Commissioner of Social Security's denial of his application for Disability Insurance Benefits. The case was referred to Magistrate Judge Grand in accordance with 28 U.S.C. § 636(b)(1). Subsequently, the parties filed cross-motions for summary judgment. After review, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending this Court affirm the decision of the Commissioner to deny benefits because the decision was supported by substantial evidence. (Doc. 13 at 12-13).
In the R&R, the Magistrate Judge informed the parties that objections to the R&R must be filed within "fourteen (14) days of service" and a "[f]ailure to file specific objections constitutes a waiver of any further right of appeal." (Id.). Neither party filed objections.
Because no objections were filed in this case, the parties waived their right to de novo review and appeal. Accordingly, the Court ADOPTS the Magistrate Judge's R&R, GRANTS Defendant's motion for summary judgment, DENIES Plaintiff's motion for summary judgment, and AFFIRMS the decision of the Commissioner.
IT IS SO ORDERED.
Date: November 30, 2014
s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective email addresses or First Class U.S. mail to the non-ECF participants on November 30, 2014.
s/ Kay Doaks
Case Manager