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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?