Hlava v. Berryhill

Filing 28

ORDER: The Report and Recommendation (ECF No. 27 ) is adopted in its entirety. The Plaintiffs motion for summary judgment (ECF No. 19 ) is denied and Defendants cross motion for summary judgment (ECF No. 25 ) is granted. Signed by Judge William Q. Hayes on 8/2/2019. (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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HAL JAMES HLAVA,

Case No.: 18-cv-228-WQH-LL
Plaintiff,

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v.

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ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.

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HAYES, Judge:

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The matter before the Court is the review of the Report and Recommendation issued

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by United States Magistrate Judge (ECF No. 27) recommending that Plaintiff’s motion for

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summary judgment (ECF No. 19) be denied and Defendant’s cross motion for summary

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judgment (ECF No. 25) be granted.

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The duties of the district court in connection with a report and recommendation of a

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magistrate judge are set forth in Federal Rule of Civil Procedure 72(b) and 28 U.S.C. §

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636(b). The district judge must “make a de novo determination of those portions of the

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report . . . to which objection is made,” and “may accept, reject, or modify, in whole or in

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part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b). The

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district court need not review de novo those portions of a Report and Recommendation to

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which neither party objects. See Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir.

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2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)
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18-cv-228-WQH-LL

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(“Neither the Constitution nor the [Federal Magistrates Act] requires a district judge to

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review, de novo, findings and recommendations that the parties themselves accept as

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correct.”).

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No party has filed an objection to the Report and Recommendation. The Court has

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reviewed the Report and Recommendation, the record, and the submissions of the parties.

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IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 27) is

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adopted in its entirety.

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IT IS FURTHER ORDERED that Plaintiff’s motion for summary judgment (ECF

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No. 19) is denied and Defendant’s cross motion for summary judgment (ECF No. 25) is

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granted. The Clerk is ordered to enter judgment against Plaintiff and in favor of Defendant.

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Dated: August 2, 2019

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18-cv-228-WQH-LL