Alenizi v. Astrue

Filing 24

ORDER Adopting 23 Report and Recommendations,. This case is remanded to the Commissioner with instructions as outlined in the Remedy section of the Report and Recommendation. The Clerk shall enter Judgment and close this case. Signed by Judge Jennifer G Zipps on 04/02/12. (LMF)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Michael J. Astrue, Commissioner of Social)
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Security Administration,
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Defendant.
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Mohamed Alenizi,

No. CV- 11-183-TUC-JGZ-DTF
ORDER

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Pending before the Court is a Report and Recommendation issued by United States

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Magistrate Judge D. Thomas Ferraro. (Doc. 23.) The Report and Recommendation

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recommends that the Court remand this matter to the Administrative Law Judge (ALJ)

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because the ALJ’s decision is not supported by substantial evidence in the record and free

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of legal error.

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The Court reviews de novo the objected to portions of the Report and

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Recommendation. 28 U.S.C. §636(b)(1); FED.R.CIV.P. 72(b). The Court reviews for clear

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error the unobjected-to portions of the Report and Recommendation. Johnson v. Zema

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Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also Conley v. Crabtree, 14 F.Supp.2d

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1203, 1204 (D.Or. 1998).

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A review of the record reflects that the parties have not filed any objections to the

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Report and Recommendation and the time to file objections has expired. As such, the Court

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will not consider any objections or new evidence.

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The Court has reviewed the record and concludes that Magistrate Judge Ferraro’s

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recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72;

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Johnson, 170 F.3d at 739; Conley, 14 F. Supp. 2d at 1204.

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Accordingly, IT IS HEREBY ORDERED as follows:

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(1)

Magistrate Judge Ferraro’s Report and Recommendation (Doc. 23) is

ACCEPTED and ADOPTED.

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(2) This case is REMANDED to the Commissioner with instruction as outlined in the

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Remedy section of the Report and Recommendation. See Report and Recommendation 10-

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11.

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(3) The Clerk of the Court shall enter judgment accordingly and close this case.

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Dated this 2nd day of April, 2012.

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