Hartley v. Colvin

Filing 19

ORDERED Magistrate Judge Leslie A. Bowman's 18 Report and Recommendation is accepted and adopted. The decision of the Social Security Commmissioner is reversed, and this case is remanded for further proceedings consistent with this order and with Judge Bowman's Report and Recommendation. The Clerk of Court is directed to close this case and enter judgment accordingly. Signed by Judge Rosemary Marquez on 2/2/2016.(BAR)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Merilee J. Hartley, No. CV-14-02421-TUC-RM Plaintiff, 10 11 v. 12 ORDER Carolyn W. Colvin, 13 Defendant. 14 15 Pending before the Court is a Report and Recommendation (Doc. 18) issued by 16 United States Magistrate Judge Leslie A. Bowman that recommends remanding this case 17 to the Social Security Commissioner for further proceedings. No objections have been 18 filed. 19 A district judge must “make a de novo determination of those portions” of a 20 magistrate judge’s “report or specified proposed findings or recommendations to which 21 objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule 22 72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is 23 filed, the court need only satisfy itself that there is no clear error on the face of the record 24 in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b) 25 advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 26 F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the 27 district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan, 28 CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for 1 clear error unobjected-to portions of Report and Recommendation). 2 The Court has reviewed the record and finds no error in Judge Bowman’s Report 3 and Recommendation. Accordingly, the Report and Recommendation will be adopted in 4 full, and this case will be remanded for further proceedings. 5 IT IS HEREBY ORDERED: 6 1. 7 8 Magistrate Judge Leslie A. Bowman’s Report and Recommendation (Doc. 18) is accepted and adopted. 2. The decision of the Social Security Commissioner is reversed, and this 9 case is remanded for further proceedings consistent with this Order and with Judge 10 Bowman’s Report and Recommendation (Doc. 18). The Clerk of Court is directed to 11 close this case and enter judgment accordingly. 12 Dated this 2nd day of February, 2016. 13 14 15 Honorable Rosemary Márquez United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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