Gardner v. Astrue

Filing 11

ORDER ADOPTING 10 REPORT AND RECOMMENDATION for 8 Motion to Dismiss filed by Michael J Astrue; and Order of Dismissal: The Court has reviewed the R&R, finds it to be correct, and ADOPTS it. Defendant's unopposed motion to dismiss is GRANTED. This action is DISMISSED WITH PREJUDICE for failure to state a claim. Signed by Judge Larry Alan Burns on 6/2/11.(lmt)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 STEPHANIE L. GARDNER, 12 CASE NO. 10cv1181-LAB (RBB) Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION; AND vs. 13 14 ORDER OF DISMISSAL MICHAEL J. ASTRUE, Commissioner of Social Security Administration, 15 Defendants. 16 17 On June 2, 2010, Plaintiff filed her complaint seeking review of denial of security 18 benefits This was her second complaint filed in this Court, the first having been dismissed 19 for failure to prosecute. 20 This matter was referred to Magistrate Judge Ruben Brooks for report and 21 recommendation pursuant to 28 U.S.C. § 636. Defendant filed a motion to dismiss, which 22 Plaintiff failed to oppose. Judge Brooks issued his report and recommendation (the "R&R"), 23 recommending that the complaint be dismissed. The R&R also permitted the parties to file 24 objections to the R&R no later than January 12, 2011. Neither party has filed objections. 25 A district court has jurisdiction to review a Magistrate Judge's report and 26 recommendation on dispositive matters. Fed. R. Civ. P. 72(b). "The district judge must 27 determine de novo any part of the magistrate judge's disposition that has been properly 28 objected to." Id. "A judge of the court may accept, reject, or modify, in whole or in part, the -1- 10cv1181 1 findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). The 2 Court reviews de novo those portions of the R&R to which specific written objection is made. 3 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). "The statute 4 makes it clear that the district judge must review the magistrate judge's findings and 5 recommendations de novo if objection is made, but not otherwise." Id. When no objections 6 are filed, the Court need not review de novo the Report and Recommendation. Wang v. 7 Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005). 8 The Court has reviewed the R&R, finds it to be correct, and ADOPTS it. Defendant’s 9 unopposed motion to dismiss is GRANTED. This action is DISMISSED WITH PREJUDICE 10 11 12 for failure to state a claim. IT IS SO ORDERED. DATED: June 2, 2011 13 14 HONORABLE LARRY ALAN BURNS United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 10cv1181

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