Kinzebach v. Commissioner of Social Security
Filing
19
ORDER Accepting Report and Recommendation: The 18 Report and Recommendation is adopted and the final decision of the Commissioner is affirmed. Signed by Judge Linda R Reade on 2/21/2018. (skm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
EASTERN DIVISION
DIANE KINZEBACH,
Plaintiff,
No. 16-CV-2114-LRR
vs.
ORDER
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
____________________
The matter before the court is United States Magistrate Judge Kelly K.E.
Mahoney’s Report and Recommendation (docket no. 18), which recommends that the court
affirm the final decision of Defendant Commissioner of Social Security (“Commissioner”)
denying Plaintiff Diane Kinzebach’s application for Title II disability insurance benefits.
On November 10, 2016, Kinzebach filed a Complaint (docket no. 2), requesting
judicial review of the Commissioner’s decision to deny her application for disability
insurance benefits. On January 13, 2017, the Commissioner filed an Answer (docket no.
8). The matter was briefed and referred to Judge Mahoney on May 26, 2017, for issuance
of a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). See Plaintiff’s
Brief (docket no. 14); Defendant’s Brief (docket no. 15); Plaintiff’s Reply (docket no. 16).
On January 19, 2018, Judge Mahoney issued the Report and Recommendation. In the
Report and Recommendation, Judge Mahoney advised the parties that “[o]bjections to [the]
Report and Recommendation must be filed within fourteen days of service.” Report and
Recommendation at 19.
Neither party has filed objections to the Report and
Recommendation, and the time for doing so has passed.
Pursuant to statute, this court’s standard of review for a magistrate judge’s Report
and Recommendation is as follows:
A judge of the court shall 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.
28 U.S.C. § 636(b)(1). Similarly, Federal Rule of Civil Procedure 72(b) provides for de
novo review of a magistrate judge’s Report and Recommendation on dispositive motions
when objections are made. Fed. R. Civ. P. 72(b)(3). The Eighth Circuit Court of Appeals
has held that it is reversible error for a district court to fail to conduct a de novo review
of a magistrate judge’s Report and Recommendation when such review is required. See,
e.g., United States v. Lothridge, 324 F.3d 599, 600 (8th Cir. 2003). The court reviews
the unobjected-to portions of the proposed findings or recommendations for “plain error.”
See United States v. Rodriguez, 484 F.3d 1006, 1010-11 (8th Cir. 2007) (noting that,
where a party does not file objections to a magistrate’s report and recommendation, the
party waives the right to de novo review and the court will review the decision for plain
error).
In this case, no objections have been filed, and it appears to the court upon review
of Judge Mahoney’s findings and conclusions that there is no ground to reject or modify
them. Therefore, the court ACCEPTS Judge Mahoney’s Report and Recommendation of
January 19, 2018. Accordingly, the Report and Recommendation (docket no. 18) is
ADOPTED and the final decision of the Commissioner is AFFIRMED.
IT IS SO ORDERED.
DATED this 21st day of February, 2018.
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