Castle v. Astrue

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION 25 , denying plaintiff's 15 Motion for Summary Judgment, granting defendant's 17 Motion for Summary Judgment. Signed by Judge Larry Alan Burns on 8/11/14.(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CHRISTINA LEE CASTLE,

CASE NO. 13-CV-270-LAB-BGS

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Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

vs.
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COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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Castle challenges the denial of her claim for disability benefits under the Social

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Security Act. The challenge was referred to Magistrate Judge Skomal for a Report and

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Recommendation pursuant to 28 U.S.C. § 636, after which Castle and the Commissioner

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filed cross-motions for summary judgment. On May 20, 2014, Judge Skomal issued his

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R&R, finding that Castle’s summary judgment motion should be denied and the

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Commissioner’s summary judgment motion should be granted.

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The Court reviews an R&R on dispositive motions pursuant to Fed. R. Civ. P. 72(b):

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“The district judge must determine de novo any part of the magistrate judge’s disposition that

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has been properly objected to.

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recommended disposition; receive further evidence; or return the matter to the magistrate

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judge with instructions.”

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//

The district judge may accept, reject, or modify the

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Here, however, Castle filed no objection to the R&R, and that carries heavy

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consequences. Under both the Standing Order of the undersigned Judge and the Local

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Rules of the Court, the failure to file an objection to a motion may be construed as consent

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to the motion being granted—and the Court extends this to the failure to file an objection to

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an R&R. See Standing Order 4(b); Local Rule 7.1(f)(3)(c).

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In any event, the Court has reviewed Judge Skomal’s thorough R&R and finds it is

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correct. It is ADOPTED. Castle’s motion for summary judgment is therefore DENIED, and

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the Defendant’s motion for summary judgment is GRANTED.

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IT IS SO ORDERED.
DATED: August 11, 2014

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HONORABLE LARRY ALAN BURNS
United States District Judge

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