Opinion
CV-21-00440-TUC-JCH (LAB)
10-27-2022
Anita L Watson, Plaintiff, v. Commissioner of Social Security Administration, Defendant.
ORDER
John C. Hinderaker United States District Judge
On September 29, 2022, Magistrate Judge Leslie A. Bowman issued a Report and Recommendation ("R&R") recommending that this Court reverse the final decision of the Commissioner of Social Security and remand for further proceedings. (Doc. 30.) No objections to the Report and Recommendation were filed.
A district judge must "make a de novo determination of those portions" of a magistrate judge's "report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). The advisory committee's notes to Rule 72(b) of the Federal Rules of Civil Procedure state that, "[w]hen no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation [of a magistrate judge]." Fed.R.Civ.P. 72(b) advisory committee's note to 1983 addition. See also Prior v. Ryan, CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing unobjected-to portions of Report and Recommendation for clear error).
Here, the deadline for filing objections was October 17, 2022. No objections were filed, and neither party requested additional time to do so. The Court may therefore adopt the R&R on that basis alone. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). The Court has reviewed Magistrate Judge Bowman's R&R, the parties' briefs, and the record. The Court concludes that Judge Bowman's recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1).
For these reasons, IT IS ORDERED ACCEPTING AND ADOPTING IN FULL the Report and Recommendation (Doc. 30);
IT IS FURTHER ORDERED VACATING the Social Security Commissioner's final decision and REMANDING this matter to the Commissioner for further proceedings as set forth in this Order and the R&R;
IT IS FURTHER ORDERED DIRECTING the Clerk of the Court to enter judgment accordingly and close this case.