Gragert v. Colvin

Filing 22

ORDER NUNC PRO TUNC ADOPTING FINDINGS AND RECOMMENDATIONS. This case is DISMISSED. Signed by Judge Dana L. Christensen on 10/17/2016. (NOS, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

CV 15-118-M-DLC-JCL

JAMES P. GRAGERT,
Plaintiff,

ORDER
NUNC PRO TUNC

vs.
CAROLYN W. COLVIN, Acting
Commissioner, Social Security
Administration,
Defendant.

United States Magistrate Judge Jeremiah C. Lynch 1 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. § 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

1

The Court's Order dated October 14, 2016, incorrectly noted United States Magistrate
Judge John T. Johnston as the magistrate judge on this case. United States Magistrate Judge
Jeremiah C. Lynch is the correct magistrate judge assigned to this case.
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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).
Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Lynch'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 Lynch'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

11- "day of October, 20

6.

Dana L. Christensen, Chief Judge
United States District Court

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