Escobar v. Colvin

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATION 26 and Order of Dismissal. Plaintiff's 21 Motion for Summary Judgment is denied, and defendant's 22 Motion for Summary Judgment is granted. Signed by Judge Larry Alan Burns on 1/27/16.(kas)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

NANETTE CORONADO ESCOBAR,

12

CASE NO. 14cv2741- LAB (BGS)

Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION AND ORDER OF
DISMISSAL

vs.
13
CAROLYN W. COLVIN,
14
Defendant.
15
16
17

This social security appeal was referred to Magistrate Judge Skomal for a report and

18

recommendation (“R & R”). Judge Skomal’s R & R on the cross motions for summary

19

judgment recommends that Plaintiff Nanette Coronado Escobar’s motion be denied and the

20

Defendant Commissioner of Social Security’s (“Commissioner”) motion be granted.

21

Objections to the R & R were due on January 19, 2016. No objections were filed.

22

A district court has jurisdiction to review a Magistrate Judge’s report and

23

recommendation on dispositive matters. Fed. R. Civ. P. 72(b). “The district judge must

24

determine de novo any part of the magistrate judge’s disposition that has been properly

25

objected to.” Id. “A judge of the court may accept, reject, or modify, in whole or in part, the

26

findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). This

27

section does not require some lesser review by the district court when no objections are filed.

28

Thomas v. Arn, 474 U.S. 140, 149–50 (1985). The “statute makes it clear that the district
-1-

14cv02741-LAB

1

judge must review the magistrate judge’s findings and recommendations de novo if objection

2

is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

3

2003). The Court has nonetheless reviewed the R & R and agrees with its rationale and

4

conclusions.

5

Plaintiff’s motion for summary judgment is DENIED, and Defendant’s motion for

6

summary judgment is GRANTED.

7

IT IS SO ORDERED.

8

DATED: January 27, 2016

9
10

HONORABLE LARRY ALAN BURNS
United States District Judge

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

14cv02741-LAB