Perry v. Barnhart

Filing 20

ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS for 16 Motion for Summary Judgment filed by Michael J Astrue, 15 Motion for Summary Judgment filed by Marlene C Perry: IT IS ORDERED adopting the Report and Recommendation in its entirety. IT IS FURT HER ORDERED granting in part and denying in part plaintiffs motion for summary judgment. IT IS FURTHER ORDERED granting in part and denying in part defendants motion for summary judgment. IT IS FURTHER ORDERED remanding this case for further proceedings and directing the Clerk of the Court to enter judgment in accordance with this Order. Signed by Judge M. James Lorenz on 2/19/2009. (mjj)

1 2 3 4 5 6 7 8 9 10 11 MARLENE C. PERRY, 12 13 14 15 16 17 ) ) ) Plaintiff, ) ) v. ) MICHAEL J. ASTRUE, Commissioner of ) ) Social Security Administration, ) ) Defendant. ) Civil No. 07cv276 L (JMA) ORDER ADOPTING THE REPORT AND RECOMMENDATION; GRANTING IN PART AND DENYING IN PART CROSSMOTIONS FOR SUMMARY JUDGMENT [doc. nos. 15, 16] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Plaintiff Marlene C. Perry, appearing through counsel, filed a civil complaint against

18 defendant Michael J. Astrue challenging defendant's denial of plaintiff's claim for Social 19 Security benefits. The parties filed cross-motions for summary judgment in this action which 20 were referred to United States Magistrate Judge Jan M. Adler for a Report and Recommendation 21 ("Report") pursuant to 28 U.S.C. § 636(b)(1)(B) and Civil Local Rule 72.1(c)(1)(c). The 22 magistrate judge filed the Report [doc. #19] and set a schedule for filing objections, if any, to the 23 Report. Objections to the Report were due on February 18, 2009. To date, neither party filed 24 objections to the Report nor requested additional time in which to file objections. 25 The district court's role in reviewing a magistrate judge's report and recommendation is

26 set forth in 28 U.S.C. § 636(b)(1). Under this statute, the district court "shall make a de novo 27 determination of those portions of the report . . . to which objection is made," and "may accept, 28 reject, or modify, in whole or in part, the findings or recommendations made by the magistrate
07cv276

1 judge." Id. Under this statute, "the district judge must review the magistrate judge's findings 2 and recommendations de novo if objection is made, but not otherwise." United States v. Reyna3 Tapia, 328 F.3d 1114, 1121 (9th Cir.) (en banc), cert. denied, 124 S. Ct. 238 (2003). 4 Having reviewed the record, cross-motions for summary judgment, and the Report and no

5 objections having been made to the Report, IT IS ORDERED adopting the Report and 6 Recommendation in its entirety. IT IS FURTHER ORDERED granting in part and denying in 7 part plaintiff's motion for summary judgment. [doc. #15] IT IS FURTHER ORDERED 8 granting in part and denying in part defendant's motion for summary judgment. [doc. #16]. IT 9 IS FURTHER ORDERED remanding this case for further proceedings and directing the Clerk 10 of the Court to enter judgment in accordance with this Order. 11 IT IS SO ORDERED.

12 DATED: February 19, 2009 13 14 15 COPY TO: 16 HON. JAN M. ADLER UNITED STATES MAGISTRATE JUDGE 17 18 ALL PARTIES/COUNSEL 19 20 21 22 23 24 25 26 27 28
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07cv276

M. James Lorenz United States District Court Judge