George v. Commissioner of Social Security
ORDER adopting 19 Report and Recommendation. The final decision of the Commissioner is affirmed. The 3 complaint is dismissed with prejudice. Signed by Judge Linda R Reade on 09/25/2017. (jjh)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
SHEMIKA C. GEORGE,
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
The matter before the court is United States Chief Magistrate Judge C.J. Williams’s
Report and Recommendation (docket no. 19).
The Report and Recommendation
recommends that the court affirm the final decision of Defendant Commissioner of Social
Security (“Commissioner”) denying Plaintiff Shemika C. George’s application for Title
II and Title XVI disability insurance benefits and supplemental security income.
On November 21, 2016, George filed a Complaint (docket no. 3), requesting
judicial review of the Commissioner’s decision to deny her application for disability
insurance benefits and supplemental security income.
On February 15, 2017, the
Commissioner filed an Answer (docket no. 7). The matter was briefed and referred to
Judge Williams on June 27, 2017, for issuance of a report and recommendation pursuant
to 28 U.S.C. § 636(b)(1)(B). See Plaintiff’s Brief (docket no. 15); Defendant’s Brief
(docket no. 16); Reply (docket no. 17). On September 8, 2017, Judge Williams issued the
Report and Recommendation. In the Report and Recommendation, Judge Williams advised
the parties that they “must file objections to [the] Report and Recommendation within
fourteen . . . days of the service of a copy of [the] Report and Recommendation.” Report
and Recommendation at 20.
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
In this case, no objections have been filed, and it appears to the court upon review
of Judge Williams’s findings and conclusions that there is no ground to reject or modify
them. Therefore, the court ACCEPTS Judge Williams’s Report and Recommendation of
September 8, 2017. Accordingly, the Report and Recommendation (docket no. 19) is
ADOPTED and the final decision of the Commissioner is AFFIRMED. The Complaint
(docket no. 3) is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
DATED this 25th day of September, 2017.
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