Sanchez v. Colvin
ORDER ADOPTING REPORT AND RECOMMENDATION 15 . Granting Sanchez's 11 Motion for Summary Judgment, denying the Commissioner's 12 Motion for Summary Judgment. The case is remanded for further administrative proceedings. Signed by Judge Larry Alan Burns on 10/12/16 (cc: Social Security)(kas)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ANGELO DON SANCHEZ,
CASE NO. 16cv31-LAB (BLM)
ORDER ADOPTING REPORT AND
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Angelo Don Sanchez challenges the denial of his claim for disability benefits under
the Social Security Act. The challenge was referred to Magistrate Judge Major for a Report
and Recommendation (“R & R”). Judge Major issued her R & R, finding that Sanchez’s
summary judgement motion should be granted, the Commissioner’s summary judgment
motion should be denied, and the case should be remanded for further administrative
proceedings. No objections were filed.
A district court has jurisdiction to review a Magistrate Judge’s report and
recommendation on dispositive matters. Fed R. Civ. P. 72(b). “The district judge must
determine de novo any part of the magistrate judge’s disposition that has been properly
objected to.” Id. “A judge of the court may accept, reject, or modify, in whole or in part, the
findings or recommendation made by the magistrate judge.” 28 U.S.C. § 636(b)(1).
Under both the Standing Order of the undersigned Judge and Local Rules of the
Court, the failure to file an objection to a motion may be construed as consent to the motion
being granted, and the Court extends this to the failure to file an objection to a R & R. Local
Rule 7.1(f)(3)(c). The Court has reviewed Judge Major’s thorough R & R and finds it is
correct. It is ADOPTED.
Sanchez’s motion for summary judgment is therefore GRANTED, the Commissioner’s
motion for summary judgment is DENIED and the case is REMANDED for further
IT IS SO ORDERED.
DATED: October 12, 2016
HONORABLE LARRY ALAN BURNS
United States District Judge
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