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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Merilee J. Hartley,

No. CV-14-02421-TUC-RM
Plaintiff,

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v.

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ORDER

Carolyn W. Colvin,

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Defendant.

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Pending before the Court is a Report and Recommendation (Doc. 18) issued by

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United States Magistrate Judge Leslie A. Bowman that recommends remanding this case

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to the Social Security Commissioner for further proceedings. No objections have been

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filed.

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A district judge must “make a de novo determination of those portions” of a

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magistrate judge’s “report or specified proposed findings or recommendations to which

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objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule

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72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is

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filed, the court need only satisfy itself that there is no clear error on the face of the record

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in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b)

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advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170

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F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the

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district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan,

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CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for

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clear error unobjected-to portions of Report and Recommendation).

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The Court has reviewed the record and finds no error in Judge Bowman’s Report

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and Recommendation. Accordingly, the Report and Recommendation will be adopted in

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full, and this case will be remanded for further proceedings.

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IT IS HEREBY ORDERED:

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Magistrate Judge Leslie A. Bowman’s Report and Recommendation (Doc.

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The decision of the Social Security Commissioner is reversed, and this

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case is remanded for further proceedings consistent with this Order and with Judge

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Bowman’s Report and Recommendation (Doc. 18). The Clerk of Court is directed to

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close this case and enter judgment accordingly.

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Dated this 2nd day of February, 2016.

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Honorable Rosemary Márquez
United States District Judge

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