King v. Astrue

Filing 26

ORDER that the Report and Recommendation [#25] is adopted and Plaintiff's Motion to Dismiss [#24] is GRANTED. Signed by Judge David C Bury on 5/4/10.(SMBE)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Nathan King, ) ) Plaintiff, ) ) v. ) ) Michael J. Astrue, Commissioner of Social) Security, ) ) Defendant. ) _______________________________________) CV 09-520 TUC DCB(JCG) ORDER STANDARD OF REVIEW The duties of the district court, when reviewing a Report and Recommendation of a 17 Magistrate Judge, are set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 28 18 U.S.C. 636(b)(1). The district court may "accept, reject, or modify, in whole or in part, the 19 findings or recommendations made by the magistrate judge." Fed.R.Civ.P. 72(b), 28 U.S.C. 20 636(b)(1). When the parties object to a Report and Recommendation (R&R), "[a] judge of the 21 [district] court shall make a de novo determination of those portions of the [R&R] to which 22 objection is made." 28 U.S.C. 636(b)(1); see Thomas v. Arn, 474 U.S. 140, 149-50 (1985). 23 When no objections are filed, the district court does not need to review the R&R de novo. Wang 24 v. Masaitis, 416 F.3d 992, 1000 n. 13 (9th Cir.2005); United States v. Reyna-Tapia, 328 F.3d 25 1114, 1121-22 (9th Cir.2003) (en banc). 26 27 Report and Recommendation On April 13, 2010, the Honorable Jennifer C. Guerin, United States Magistrate Judge, 28 filed a R&R in this action. The R&R advises the Court to grant the Plaintiff's Motion to Dismiss 1 the action because the matter has been favorably resolved by the Commissioner. Accordingly, 2 there has been no objection to the R&R. 3 The Court has reviewed the R&R and considers it to be thorough and well-reasoned; it 4 is neither clearly erroneous nor contrary to law. United States v. Remsing, 874 F.2d 614, 6175 618 (9th Cir. 1989). The R&R shall, therefore, be accepted pursuant to 28 U.S.C. 636(b)(1). 6 The Court adopts the recommendation of the Magistrate Judge. 7 8 Accordingly, IT IS ORDERED that the Report and Recommendation [Doc. # 25] is adopted as the 9 opinion of the Court. 10 IT IS FURTHER ORDERED that Plaintiff's Motion to Dismiss [Doc. # 24] is 11 GRANTED consistent with the Report and Recommendation. 12 IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment DATED this 4th day of May, 2010. 13 accordingly. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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