Pitts v. Astrue
Filing
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ORDER Adopting in its entirety Magistrate Judge Leen's 28 Report and Recommendation. Plaintiff's 21 Motion to Remand to Social Security Administration is Denied. Defendant's 27 Cross-Motion to Affirm is Granted. The Clerk shall enter judgment and close the case. Signed by Judge James C. Mahan on 5/7/2014. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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GARETH E. PITTS,
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2:12-CV-1109 JCM (PAL)
Plaintiff(s),
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant(s).
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ORDER
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Presently before the court are the report and recommendation of Magistrate Judge Leen.
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(Doc. # 28). No objections have been filed even though the deadline for filing objections has passed.
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Upon considering plaintiff Gareth E. Pitts’ motion to remand to the Social Security
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Administration, (doc. # 21), and defendant Michael J. Astrue’s cross-motion to affirm, (doc. # 27),
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Magistrate Judge Leen recommended that the former be denied and the latter be granted.
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This court “may accept, reject, or modify, in whole or in part, the findings or
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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). Where a party timely objects to
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a magistrate judge’s report and recommendation, then the court is required to “make a de novo
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determination of those portions of the [report and recommendation] to which objection is made.”
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28 U.S.C. § 636(b)(1).
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Where a party fails to object, however, the court is not required to conduct “any review at all
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. . . of any issue that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985).
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James C. Mahan
U.S. District Judge
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Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate
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judge’s report and recommendation where no objections have been filed. See United States v.
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Reyna–Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding the standard of review employed by the
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district court when reviewing a report and recommendation to which no objections were made); see
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also Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (reading the Ninth Circuit’s
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decision in Reyna–Tapia as adopting the view that district courts are not required to review “any
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issue that is not the subject of an objection.”). Thus, if there is no objection to a magistrate judge’s
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recommendation, then this court may accept the recommendation without review. See, e.g.,
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Johnstone, 263 F. Supp. 2d at 1226 (accepting, without review, a magistrate judge’s recommendation
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to which no objection was filed).
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Nevertheless, this court finds it appropriate to engage in a de novo review to determine
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whether to adopt the recommendation of the magistrate judge. Upon reviewing the recommendation
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and underlying briefs, this court finds good cause appears to ADOPT the magistrate judge’s findings
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in full.
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Accordingly,
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IT IS HEREBY, ORDERED, AND DECREED that the report and recommendation of
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Magistrate Judge Leen (doc. # 28) are ADOPTED in their entirety.
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IT IS FURTHER ORDERED that plaintiff’s motion to remand (doc. # 21) is DENIED.
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IT IS FURTHER ORDERED that defendant’s cross-motion to affirm (doc. # 27) is
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GRANTED. The clerk shall enter judgment accordingly and close the case.
DATED May 7, 2014.
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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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