Weyandt v. Commissioner of Social Security
ORDER Adopting Report and Recommendation; ORDER Granting Defendant's Motion for Summary Judgment; and ORDER Denying Plaintiff's Motion for Summary Judgment. The administrative law judge's decision is affirmed. The Clerk is directed to enter judgment in favor of Defendant and against Plaintiff, and to close the docket. Signed by Chief Judge Larry Alan Burns on 10/7/2019. (jdt)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
WILLIAM HENRY WEYANDT II
COMMISSIONER OF SOCIAL
Case No.: 18cv2443-LAB (RBM)
ORDER ADOPTING REPORT
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT; AND
ORDER DENYING PLAINTIFF’S
MOTION FOR SUMMARY
Plaintiff William Weyandt, who is represented by counsel, brought this
appeal of a denial of social security disability benefits. The matter was referred to
Magistrate Judge Ruth Montenegro for a report and recommendation. The parties
filed motions for summary judgment, and Judge Montenegro issued her report and
recommendation (the “R&R”) on September 4, 2019. Objections to the R&R were
due by September 18, 2019, but none have been filed.
A district court has jurisdiction to review a Magistrate Judge's report and
recommendation on dispositive matters. 28 U.S.C. § 636(b)(1); 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. Section 636(b)(1) similarly
requires that a district judge “make a de novo determination of those portions of
the report or specified proposed findings or recommendations to which objection
is made.” “A judge of the court may accept, reject, or modify, in whole or in part,
the findings or recommendations made by the magistrate judge.” Id.
This section does not require some lesser review by the district court when
no objections are filed. Thomas v. Arn, 474 U.S. 140, 149–50 (1985). The “statute
makes it clear that the district judge must review the magistrate judge's findings
and recommendations de novo if objection is made, but not otherwise.” United
States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis
The Court has reviewed the unobjected-to R&R, finds it to be correct, and
ADOPTS it. Defendant’s motion for summary judgment is GRANTED and
Plaintiff’s motion for summary judgment is DENIED. The administrative law judge’s
decision is AFFIRMED. The Clerk is directed to enter judgment in favor of
Defendant and against Plaintiff, and to close the docket.
IT IS SO ORDERED.
Dated: October 7, 2019
Honorable Larry Alan Burns
Chief United States District Judge
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