Nichols v. Astrue

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION for 16 Report and Recommendation. Decision of the Commissioner is affirmed. Judgment will issue accordingly. Signed by Honorable Tim Leonard on 07/13/12. (jy)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JOHN NICHOLS,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner, Social Security
Administration,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

No. CIV-11-852-L

ORDER
Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) for judicial review of
the final decision of the Commissioner of the Social Security Administration denying
his application for disability insurance benefits under the Social Security Act.
Pursuant to 28 U.S.C. § 636(b), this matter was referred to the Honorable Robert E.
Bacharach for initial decision. On June 22, 2012, Judge Bacharach issued a Report
and Recommendation, recommending that the Commissioner’s decision be affirmed.
The court file reflects that no party objected to the Report and
Recommendation within the time limits prescribed. “[A] party’s objections to the
magistrate judge’s report and recommendation must be both timely and specific to
preserve an issue for de novo review by the district court or for appellate review.”
United States v. One Parcel of Real Property, 73 F.3d 1057, 1060 (10th Cir. 1996).
As plaintiff failed to object to Judge Bacharach’s Report and Recommendation, he
has waived any issues that could have been presented to this court. Nonetheless,

the court has conducted a de novo review of this matter. Based on that review, the
court finds that substantial evidence supports the Commissioner’s findings. The
decision of the Commissioner is therefore AFFIRMED.
accordingly.
It is so ordered this 13th day of July, 2012.

2

Judgment will issue