Taylor v. Colvin

Filing 32

ORDER: (1) Adopting 31 Report and Recommendation; (2) Denying Plaintiff's 28 Motion for Summary Judgment; and (3) Granting Defendant's 29 Cross-Motion for Summary Judgment. Signed by Judge Roger T. Benitez on 2/14/2017. (All non-registered users served via U.S. Mail Service)(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MATTHEW B. TAYLOR,

Case No.: 15-cv-02663-BEN-JLB
Plaintiff,

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v.

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ORDER:
(1) ADOPTING REPORT AND
RECOMMENDATION;

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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(2) DENYING PLAINTIFF’S
MOTION FOR SUMMARY
JUDGMENT; and

Defendant.

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(3) GRANTING DEFENDANT’S
CROSS-MOTION FOR SUMMARY
JUDGMENT

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Plaintiff Matthew B. Taylor filed this action seeking judicial review of the Social

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Security Commissioner’s denial of his application for disability insurance benefits.

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(Docket No. 1). Plaintiff filed a motion for summary judgment (Docket No. 28), and

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Defendant filed a cross-motion for summary judgment and an opposition to Plaintiffs

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motion (Docket Nos. 29-30). i

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During the underlying administrative proceedings and in filing the operative complaint,
Plaintiff was represented by counsel. In filing his motion for summary judgment,
Plaintiff proceeds pro se.
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15-CV-02663-BEN-JLB

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On December 29, 2016, Magistrate Judge Jill L. Burkhardt issued a thoughtful and

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thorough Report and Recommendation, recommending that this Court deny Plaintiffs

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motion for summary judgment and grant Defendant’s cross-motion for summary

4 judgment. (Docket No. 31). Magistrate Judge Burkhardt found that even construing
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Plaintiffs filings liberally, he failed to adequately dispute the Administrative Law

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Judge’s (“ALJ”) findings and determination that he is not disabled and, for this reason,

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summary judgment in his favor is not warranted. See Indep. Towers of Wash. v.

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Washington, 350 F.3d 925, 929 (9th Cir. 2003) (“Our circuit has repeatedly admonished

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that we cannot ‘manufacture arguments for an appellant’.... Rather, we ‘review only

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issues which are argued specifically and distinctly in a party’s opening brief.’

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Significantly, ‘a bare assertion of an issue does not preserve a claim.’”). Although

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Plaintiff failed to adequately dispute the ALJ’s findings and determination, Magistrate

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Judge Burkhardt nonetheless considered the ALJ’s decision and concluded that the ALJ

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applied the correct legal standards and that his opinion is supported by substantial

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evidence. Finally, Magistrate Judge Burkhardt found that Plaintiffs newly submitted

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evidence does not merit remand because Plaintiff failed to show that the new evidence is

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material and that good cause exists for his failure to incorporate the evidence into the

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administrative record.

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Any objections to the Report and Recommendation were due January 18, 2017.

20 Neither party has filed any objections. For the reasons that follow, the Report and
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Recommendation is ADOPTED.
A district judge “may accept, reject, or modify the recommended disposition” of a

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magistrate judge on a dispositive matter. Fed. R. Civ. P. 72(b)(3); see also 28 U.S.C.

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§ 636(b)(1). “[T]he district judge must determine de novo any part of the [report and

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recommendation] that has been properly objected to.” Fed. R. Civ. P. 72(b)(3).

26 However, “[t]he statute makes it clear that the district judge must review the magistrate
27 judge’s findings and recommendations de novo if objection is made, but not otherwise.”
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United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also
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15-CV-02663-BEN-JLB

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Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005). “Neither the Constitution nor

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the statute requires a district judge to review, de novo, findings and recommendations

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that the parties themselves accept as correct.” Reyna-Tapia, 328 F.3d at 1121.

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The Court has considered and agrees with the Report and Recommendation. The

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Court ADOPTS the Report and Recommendation. (Docket No. 31). Plaintiffs motion

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for summary judgment is DENIED. (Docket No. 28). Defendant’s cross-motion for

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summary judgment is GRANTED. (Docket No. 29).

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IT IS SO ORDERED.

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Dated: February,

, 2017
Hon. Roger T. Benitez
United States District Judge

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15-cv-02663-BEN-JLB