Reyes-Ayala v. Commissioner of Social Security
Filing
19
OPINION AND ORDER re 18 REPORT AND RECOMMENDATION re 2 SOCIAL SECURITY COMPLAINT. After careful consideration of the law, the record, the parties' pleadings and evidence, and the unopposed R&R, the Court wholly ADOPTS U.S. Magistrate J udge Marcos E. Lopez's findings and recommendations. Accordingly, plaintiff's petition for review is DENIED and the Commissioner's decision in the instant case is AFFIRMED. The Clerk of the Court shall enter judgment accordingly. Signed by Judge Aida M. Delgado-Colon on 3/13/2019.(wm)
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
JOSE RAMON REYES, et al.,
Plaintiffs,
v.
Civil No. 18-1046 (ADC)
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
OPINION AND ORDER
Currently before the Court is U.S. Magistrate Judge Marcos E. López’s Report and
Recommendation (“the R&R”) recommending that the Court affirm the Commissioner of Social
Security’s decision in the instant case. ECF No. 18. No objections to the R&R have been filed.
I. Procedural History
On January 30, 2018, plaintiff José Ramón Reyes (“Reyes” or “plaintiff”) filed a complaint
against the Commissioner of Social Security (“the Commissioner” or “defendant”) requesting
judicial review of a final decision by the Commissioner which denied plaintiff’s application for
Social Security disability insurance benefits. ECF No. 1. In his memorandum of law in support
of his complaint, plaintiff asserts, in essence, that the Commissioner’s decision “is not based on
substantial evidence as required by 42 U.S.C. § 405(g) and that the Commissioner erred as a
matter of law in determining that he is not entitled to [Social Security disability insurance]
Civil No. 18-1046 (ADC)
Page 2
benefits.” ECF No. 11 at 1. Plaintiff requests that the Commissioner’s decision be “rescinded and
the plaintiff be awarded full benefits.” Id. at 29. In the alternative, plaintiff requests that the case
be remanded to the Commissioner “for a de novo hearing with medical experts and a vocational
expert.” Id. at 30.
On June 5, 2018, the Court referred the case to U.S. Magistrate Judge Marcos E. López for
the issuance of a Report and Recommendation (“R&R”) or for disposition of the case. ECF Nos.
9, 10. On February 14, 2019, the Magistrate Judge entered the R&R, recommending that the
Commissioner’s decision be affirmed. reversed and that case be remanded for further
proceedings. ECF No. 18. As mentioned above, no objections have been filed to the R&R.
II.
Standard of Review of an Unopposed Report and Recommendation
A district court may refer pending civil actions or proceedings to a magistrate judge for a
report and recommendation. 28 U.S.C. §636(b)(1)(B); Fed. R. Civ. P. 72(b); D.P.R. Civ. R. 72(a).
The court is free to accept, reject, or modify, in whole or in part, the findings or recommendations
by the magistrate judge. 28 U.S.C. §636(b)(1). A party is entitled to a de novo review of “those
portions of the report . . . to which specific objection is made.” Sylva v. Culebra Dive Shop, 389 F.
Supp. 2d 189, 191-92 (D.P.R. 2005) (citing United States v. Raddatz, 447 U.S. 667 (1980)). Absent a
proper objection, though, the Court need only satisfy itself that there is no plain error in the
Magistrate Judge’s findings in order to adopt the same. López-Mulero v. Vélez Colón, 490 F. Supp.
2d 214, 217-218 (D.P.R. 2007); see also Fed. R. Civ. P. 72, Adv. Comm. Notes, subdivision (b)
Civil No. 18-1046 (ADC)
Page 3
(1983). Thus, “a party’s failure to assert a specific objection to a report and recommendation
irretrievably waives any right to review by the district court and the court of appeals.” Santiago
v. Canon U.S.A., Inc., 138 F.3d 1, 4 (1st Cir. 1998).
III. Conclusion
After careful consideration of the law, the record, the parties’ pleadings and evidence,
and the unopposed R&R, the Court wholly ADOPTS U.S. Magistrate Judge Marcos E. López’s
findings and recommendations. Accordingly, plaintiff’s petition for review is DENIED and the
Commissioner’s decision in the instant case is AFFIRMED.
The Clerk of the Court shall enter judgment accordingly.
SO ORDERED.
At San Juan, Puerto Rico, this 13th day of March, 2019.
S/AIDA M. DELGADO-COLÓN
United States District Judge
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