Pohlman v. Colvin
Filing
16
ORDER ADOPTING REPORT AND RECOMMENDATION of United States Magistrate Judge; Denying Plaintiff's 12 Motion for Summary Judgment; Granting Defendant's 13 Cross Motion for Summary Judgment. Signed by Judge Michael M. Anello on 2/14/2017.(ag)
1
2
3
UNITED STATES DISTRICT COURT
4
SOUTHERN DISTRICT OF CALIFORNIA
5
6
Case No.: 16cv276-MMA (PCL)
JESSICA ANN POHLMAN,
7
8
9
10
11
ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE;
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
[Doc. No. 15]
DENYING PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT;
Defendant.
[Doc. No. 12]
12
13
GRANTING DEFENDANT’S CROSS
MOTION FOR SUMMARY
JUDGMENT
14
[Doc. No. 13]
15
16
17
On February 2, 2016, Plaintiff Jessica Ann Pohlman filed this appeal pursuant to
18
Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), challenging the denial of
19
her application for disability insurance benefits. See Doc. No. 1. The Court referred all
20
matters arising in this social security appeal to the Honorable Peter C. Lewis, United
21
States Magistrate Judge, for report and recommendation pursuant to section 636(b)(1)(B)
22
of title 28 of the United States Code and Civil Local Rule 72.1. See Doc. No. 4; 28
23
U.S.C. § 636(b)(1)(B); S.D. Cal. Civ. R. 72.1.
24
On January 13, 2017, Judge Lewis issued a thorough and well-reasoned Report
25
containing findings and conclusions, upon which he bases his Recommendation that the
26
Court deny Plaintiff’s motion for summary judgment and grant Defendant’s cross motion
27
for summary judgment. See Doc. No. 15. Neither party objected to the Report and
28
Recommendation, and the time for filing objections has expired.
-1-
16cv276-MMA (PCL)
1
The duties of the district court in connection with a magistrate judge’s report and
2
recommendation are set forth in Rule 72(b) of the Federal Rules of Civil Procedure and
3
28 U.S.C. § 636(b)(1). Where the parties object to a report and recommendation, “[a]
4
judge of the [district] court shall make a de novo determination of those portions of the
5
[R&R] to which objection is made.” 28 U.S.C. § 636(b)(1); see Thomas v. Arn, 474 U.S.
6
140, 149-50 (1985). When no objections are filed, the district court need not review the
7
R&R de novo. Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005); United States
8
v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en banc). A district judge may
9
nevertheless “accept, reject, or modify, in whole or in part, the findings or
10
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); Wilkins v.
11
Ramirez, 455 F. Supp. 2d 1080, 1088 (S.D. Cal. 2006); Or. Natural Desert Ass’n v.
12
Rasmussen, 451 F. Supp. 2d 1202, 1205 (D. Or. 2006).
13
The Court has considered the pleadings and memoranda of the parties as well as
14
the administrative record, and has made a review and determination in accordance with
15
the requirements of 28 U.S.C. § 636 and applicable case law. Accordingly,
16
1.
17
18
15] in its entirety;
2.
19
20
21
The Court ADOPTS Judge Lewis’s Report and Recommendation [Doc. No.
The Court DENIES Plaintiff’s Motion for Summary Judgment [Doc. No.
12]; and,
3.
The Court GRANTS Defendant’s Cross Motion for Summary Judgment
[Doc. No. 13].
22
The Clerk of Court shall enter judgment accordingly and terminate the action.
23
IT IS SO ORDERED.
24
25
26
27
28
Dated: February 14, 2017
_____________________________
Hon. Michael M. Anello
United States District Judge
-2-
16cv276-MMA (PCL)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?