Brozovic v. Colvin

Filing 24

ORDER: (1) Adopting 23 Report and Recommendation; (2) Denying Plaintiff's 16 Motion for Summary Judgment; and (3) Granting Defendant's 17 Cross-Motion for Summary Judgment. Signed by Judge Roger T. Benitez on 8/16/2017.(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MICHAEL SEAN BROZOVIC,

Case No.: 3:17-cv-01316-BEN-AGS
Plaintiff,

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v.

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ORDER:

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,1

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(1) ADOPTING REPORT AND
RECOMMENDATION;
(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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[Docket Nos. 16, 17, 23]

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Plaintiff Michael Sean Brozovic filed this action seeking judicial review of the
Social Security Commissioner’s denial of his application for disability insurance benefits.
(Docket No. 1.) Plaintiff filed a motion for summary judgment (Docket No. 16), and

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Acting Commissioner of Social Security Nancy A. Berryhill is substituted for former
Acting Commissioner Carolyn C. Colvin pursuant to Rule 25(d) of the Federal Rules of
Civil Procedure.
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3:17-cv-01316-BEN-AGS

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Defendant filed a cross-motion for summary judgment and an opposition to Plaintiff’s

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motion. (Docket Nos. 17, 18.) Plaintiff did not file a response to Defendant’s cross-

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motion.

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On July 26, 2017, Magistrate Judge Andrew G. Schopler issued a thoughtful and

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thorough Report and Recommendation, recommending that this Court deny Plaintiff’s

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

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judgment. (Docket No. 23.) Plaintiff’s Motion for Summary Judgment contends that the

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Administrative Law Judge (“ALJ”) committed reversible error in rejecting his symptom

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testimony and failing to adequately explain the reason for the rejection. Magistrate Judge

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Schopler found that that the ALJ sufficiently explained why Plaintiff’s testimony was not

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credible. Specifically, Magistrate Judge Schopler found that, of the six reasons the ALJ

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relied on to support the findings on Plaintiff’s credibility, only one is invalid, and the

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remaining five reasons are specific, clear, convincing, and supported by substantial

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evidence in the record. See Carmickle v. Comm’r, Soc. Sec. Admin., 533 F.3d 1155, 1162

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(9th Cir. 2008) (“So long as there remains substantial evidence supporting the ALJ’s

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conclusions on credibility and the error does not negate the validity of the ALJ’s ultimate

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credibility conclusion, such is deemed harmless and does not warrant reversal.”).

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Objections to the Report and Recommendation were due by August 9, 2017.

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(Docket No. 23.) Neither party has filed any objections. For the reasons that follow, the

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Report and Recommendation is ADOPTED.

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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).

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However, “[t]he statute makes it clear that the district judge must review the magistrate

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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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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 need not conduct de novo review given the absence of objections.

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Nevertheless, the Court has considered the parties’ arguments and fully ADOPTS the

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Report and Recommendation. Plaintiff’s motion for summary judgment is DENIED.

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Defendant’s cross-motion for summary judgment is GRANTED.

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IT IS SO ORDERED.

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Dated: August 16, 2017

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