Ramsey v. Colvin

Filing 19

ORDER accepting and adopting the Report and Recommendation 18 . The Commissioner's final decision is reversed, and this case is remanded for further proceedings consistent with this Order and with Judge Ferraro's Report and Recommendation. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Judge Rosemary Marquez on 8/31/2016. (DPS)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Tracy Lee Ramsey, Plaintiff, 10 11 ORDER v. 12 No. CV-15-00349-TUC-RM Carolyn W Colvin, 13 Defendant. 14 15 On August 2, 2016, Magistrate Judge D. Thomas Ferraro issued a Report and 16 Recommendation (Doc. 18) recommending that this Court grant Plaintiff’s request to 17 reverse the Commissioner of Social Security’s (“Commissioner”) final decision and 18 remand to the Administrative Law Judge (“ALJ”) to conduct further proceedings. No 19 objections to the Report and Recommendation were filed, and the time for filing 20 objections has expired. 21 A district judge must “make a de novo determination of those portions” of a 22 magistrate judge’s “report or specified proposed findings or recommendations to which 23 objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule 24 72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is 25 filed, the court need only satisfy itself that there is no clear error on the face of the record 26 in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b) 27 advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 28 F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the 1 district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan, 2 CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for 3 clear error unobjected-to portions of Report and Recommendation). 4 The Court has reviewed Judge Ferraro’s Report and Recommendation, the parties’ 5 briefs, and the record. 6 Recommendation. The Court finds no error in Judge Ferraro’s Report and 7 Accordingly, 8 IT IS ORDERED that the Report and Recommendation (Doc. 18) is accepted 9 and adopted in full. The Commissioner’s final decision is reversed, and this case is 10 remanded for further proceedings consistent with this Order and with Judge Ferraro’s 11 Report and Recommendation. 12 accordingly and close this case. 13 The Clerk of Court is directed to enter judgment Dated this 31st day of August, 2016. 14 15 16 Honorable Rosemary Márquez United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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