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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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WILLIAM HENRY WEYANDT II
Plaintiff,

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v.

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COMMISSIONER OF SOCIAL
SECURITY

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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

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Plaintiff William Weyandt, who is represented by counsel, brought this

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appeal of a denial of social security disability benefits. The matter was referred to

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Magistrate Judge Ruth Montenegro for a report and recommendation. The parties

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filed motions for summary judgment, and Judge Montenegro issued her report and

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recommendation (the “R&R”) on September 4, 2019. Objections to the R&R were

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due by September 18, 2019, but none have been filed.

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A district court has jurisdiction to review a Magistrate Judge's report and

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recommendation on dispositive matters. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.
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72(b). “The district judge must determine de novo any part of the magistrate judge's

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disposition that has been properly objected to.” Id. Section 636(b)(1) similarly

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requires that a district judge “make a de novo determination of those portions of

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the report or specified proposed findings or recommendations to which objection

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is made.” “A judge of the court may accept, reject, or modify, in whole or in part,

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the findings or recommendations made by the magistrate judge.” Id.

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This section does not require some lesser review by the district court when

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no objections are filed. Thomas v. Arn, 474 U.S. 140, 149–50 (1985). The “statute

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makes it clear that the district judge must review the magistrate judge's findings

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and recommendations de novo if objection is made, but not otherwise.” United

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States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis

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in original).

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The Court has reviewed the unobjected-to R&R, finds it to be correct, and

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ADOPTS it. Defendant’s motion for summary judgment is GRANTED and

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Plaintiff’s motion for summary judgment is DENIED. The administrative law judge’s

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decision is AFFIRMED. The Clerk is directed to enter judgment in favor of

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Defendant and against Plaintiff, and to close the docket.

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IT IS SO ORDERED.
Dated: October 7, 2019

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Honorable Larry Alan Burns
Chief United States District Judge

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