Hendrix v. Commissioner of Social Security Administration

Filing 29

ORDER: The Report and Recommendation of the Magistrate Judge (Doc. 25 ) is accepted. ORDERED Affirming the Feb. 1, 2023 decision of the Administrative Law Judge. FURTHER ORDERED directing the Clerk of Court to enter judgment and terminate this case. Signed by Judge Susan M Brnovich on 9/26/24. (EJA)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Justin C Hendrix,
Plaintiff,

10
11

v.

12

Commissioner
Administration,

13

No. CV-23-01366-PHX-SMB

of

ORDER

Social

Security

Defendant.

14
15

United States Magistrate Judge Michael Morrissey has issued a report and

16

recommendation (“R&R”) recommending that decision of the Administrative Law Judge

17

be affirmed (Doc. 25). The Magistrate Judge advised the parties that they had fourteen

18

days to file objections to the R&R. (R&R at p.7) (citing Rule 72, Federal Rules of Civil

19

Procedure) Plaintiff filed an objection (Doc. 26) and Defendant filed a response to the

20

objections (Doc. 27) to which Plaintiff filed a reply (Doc. 28). Plaintiff makes no

21

specific objection to any findings in the R&R but rather reargues her original brief and

22

objects to the result. In general, Plaintiff objects to the Magistrate Judge’s finding of no

23

error in the ALJ’s mental RFC findings and Physical RFC for medium work with

24

limitations.

25

The Court has considered the objections and reviewed the Report and

26

Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that

27

the court must make a de novo determination of those portions of the Report and

28

Recommendation to which specific objections are made). The Court agrees with the

1

Magistrate Judge’s determinations, accepts the recommended decision within the

2

meaning of Rule 72(b), Fed. R. Civ. P., and overrules Petitioner’s objections. See 28

3

U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole

4

or in part, the findings or recommendations made by the magistrate”).

5
6
7
8
9
10
11

IT IS THEREFORE ORDERED that Report and Recommendation of the
Magistrate Judge (Doc. 25) is accepted;
IT IS FURTHER ORDERED Affirming the Feb. 1, 2023 decision of the
Administrative Law Judge;
IT IS FURTHER ORDERED directing the Clerk of Court to enter judgment and
terminate this case.
Dated this 26th day of September, 2024.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-