Castro v. Astrue

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION. Castro's motion for summary judgment 10 is denied and the Commissioner's motion for summary judgment 11 is granted. Signed by Judge Larry Alan Burns on 12/20/12.(kaj)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

EVELYN CASTRO,

12

CASE NO. 12cv1194-LAB (MDD)
Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

vs.
13
14

MICHAEL J. ASTRUE, Commissioner of
Social Security Administration,

15

Defendant.

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

Castro challenges the denial of her claim for disability benefits under the Social
Security Act. The challenge was referred to Magistrate Judge Dembin for a Report and
Recommendation pursuant to 28 U.S.C. § 636, after which Castro and the Commissioner
filed cross-motions for summary judgment. Judge Dembin issued his R&R on November 8,
2012, finding for the Commissioner.
The Court reviews an R&R on dispositive motions pursuant to Fed. R. Civ. P. 72(b),
which “makes clear that the district judge must review the magistrate judge’s findings and
recommendations de novo if objection is made, but not otherwise.” United States v. ReynaTapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). Castro failed to object to the R&R.
The R&R specified that any objections must be filed no later than November 28, 2012, and
it warned that the failure to file any objections may waive the right to later raise them on
appeal.
-1-

12CV1194

1

In any event, the Court has reviewed the R&R and finds it is sound. It is therefore

2

ADOPTED. Castro’s motion for summary judgment is DENIED and the Commissioner’s

3

motion is GRANTED.

4
5
6

IT IS SO ORDERED.
DATED: December 20, 2012

7
8

HONORABLE LARRY ALAN BURNS
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

12CV1194