Redgrave v. Commissioner of Social Security Administration

Filing 23

ORDER that the Report and Recommendation 22 is accepted and adopted in full. IT IS FURTHER ORDERED that the matter is remanded to the Commissioner of Social Security for further administrative proceedings consistent with the Report and Recommendation. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Judge Rosemary Marquez on 7/29/22. (See attached Order for complete details) (JAM)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Jennifer Redgrave,
Plaintiff,

10
11

v.

12

Commissioner
Administration,

13
14

No. CV-21-00267-TUC-RM (EJM)

of

ORDER

Social

Security

Defendant.

15

On June 30, 2022, Magistrate Judge Eric J. Markovich issued a Report and

16

Recommendation (Doc. 22) recommending that this Court remand the above-captioned

17

matter to the Commissioner of Social Security for further proceedings. No objections to

18

the Report and Recommendation were 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
2

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

Court

has

reviewed

Magistrate

Judge

Markovich’s

3

Recommendation, the parties’ briefs, and the record.

4

Magistrate Judge Markovich’s Report and Recommendation.

Report

and

The Court finds no error in

5

Accordingly,

6

IT IS ORDERED that the Report and Recommendation (Doc. 22) is accepted

7

and adopted in full.

8

IT IS FURTHER ORDERED that the above-captioned matter is remanded to

9

the Commissioner of Social Security for further administrative proceedings consistent

10

with the Report and Recommendation. The Clerk of Court is directed to enter judgment

11

accordingly and close this case.

12

Dated this 29th day of July, 2022.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-