Weyandt v. Commissioner of Social Security

Filing 16

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 WILLIAM HENRY WEYANDT II Plaintiff, 12 13 v. 14 COMMISSIONER OF SOCIAL SECURITY 15 16 17 18 Defendant. Case No.: 18cv2443-LAB (RBM) ORDER ADOPTING REPORT AND RECOMMENDATION; ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 19 20 21 Plaintiff William Weyandt, who is represented by counsel, brought this 22 appeal of a denial of social security disability benefits. The matter was referred to 23 Magistrate Judge Ruth Montenegro for a report and recommendation. The parties 24 filed motions for summary judgment, and Judge Montenegro issued her report and 25 recommendation (the “R&R”) on September 4, 2019. Objections to the R&R were 26 due by September 18, 2019, but none have been filed. 27 A district court has jurisdiction to review a Magistrate Judge's report and 28 recommendation on dispositive matters. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 1 [Case Number] 1 72(b). “The district judge must determine de novo any part of the magistrate judge's 2 disposition that has been properly objected to.” Id. Section 636(b)(1) similarly 3 requires that a district judge “make a de novo determination of those portions of 4 the report or specified proposed findings or recommendations to which objection 5 is made.” “A judge of the court may accept, reject, or modify, in whole or in part, 6 the findings or recommendations made by the magistrate judge.” Id. 7 This section does not require some lesser review by the district court when 8 no objections are filed. Thomas v. Arn, 474 U.S. 140, 149–50 (1985). The “statute 9 makes it clear that the district judge must review the magistrate judge's findings 10 and recommendations de novo if objection is made, but not otherwise.” United 11 States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis 12 in original). 13 The Court has reviewed the unobjected-to R&R, finds it to be correct, and 14 ADOPTS it. Defendant’s motion for summary judgment is GRANTED and 15 Plaintiff’s motion for summary judgment is DENIED. The administrative law judge’s 16 decision is AFFIRMED. The Clerk is directed to enter judgment in favor of 17 Defendant and against Plaintiff, and to close the docket. 18 19 20 IT IS SO ORDERED. Dated: October 7, 2019 21 22 23 Honorable Larry Alan Burns Chief United States District Judge 24 25 26 27 28 2 [Case Number]

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