Gragert v. Colvin

Filing 21

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. This case is DISMISSED. Signed by Judge Dana L. Christensen on 10/14/2016. (NOS, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION CV 15-118-M-DLC-JCL JAMES P. GRAGERT, Plaintiff, ORDER vs. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant. United States Magistrate Judge John T. Johnston entered findings and recommendations in this case on August 31, 2016, recommending that the Social Security Commissioner's decision be affirmed. Gragert did not object to the findings and recommendations, and so has waived the right to de novo review thereof. 28 U.S.C. ยง 636(b )(1 )(C). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). -1- Having reviewed the findings and recommendations, the Court finds no clear error in Judge Johnston's conclusion that the administrative law judge's ("ALJ") decision is based on substantial evidence and is free of prejudicial legal error. Accordingly, IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 20) are ADOPTED IN FULL. This case is DISMISSED. The Clerk of Court shall CLOSE this matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DATED this 14~ay of October, 20 Dana L. Christensen, Chief Judge United States District Court -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?