Guardado v. Astrue

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 21 Report and Recommendations, 3 Complaint, filed by Aurelia Guardado.The court hereby APPROVES and ADOPTS Judge Warner's Report and Recommendation in its entirety. Accordingly, the Commissioner's decision in this case is REVERSED and REMANDED for additional proceedings in accordance with Judge Warners report. Case Closed. Signed by Judge Clark Waddoups on 1/8/14. (jmr)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, NORTHERN DIVISION

AURELIA GUARDADO,

ORDER ADOPTING REPORT AND
RECOMMENDATION

Plaintiff,
vs.
Case No. 1:12-cv-199 CW-PMW
CAROLYN W. COLVIN,
Acting Commissioner of Social Security
Administration,

District Judge Clark Waddoups
Magistrate Judge Paul M. Warner

Defendant.

This case was assigned to United States District Court Judge Clark Waddoups, who then
referred it to United States Magistrate Paul M. Warner under 28 U.S.C. § 636(b)(1)(B). Plaintiff
Martha A. Rodriguez appeals the Commissioner’s final decision denying Ms. Rodriguez’s claim for
Supplemental Security Income (“SSI”). On October 11, 2013, Judge Warner issued a Report and
Recommendation, recommending that the Commissioner’s decision be reversed and remanded due
to an error in the determination.
The Commissioner was granted until October 25, 2013 to file an objection to the report. That
deadline was stayed until Congress restored the lapse in appropriations for the Department of Justice
and the Social Security Administration. Order, 1 (Dkt. No. 23). It was further ordered that all
deadlines were “extended commensurate with the duration of the lapse of appropriations.” Id. On
November 5, 2013, the court lifted the stay. Consequently, the Commissioner had until November
15, 2013 to file an objection. As of this date, no objection has been filed.

Having reviewed the record, the court hereby APPROVES and ADOPTS Judge Warner’s
Report and Recommendation in its entirety.1 Accordingly, the Commissioner’s decision in this case
is REVERSED and REMANDED for additional proceedings in accordance with Judge Warner’s
report.
SO ORDERED this 8th day of January, 2014.
BY THE COURT:

____________________________________
Clark Waddoups
United States District Judge

1

Dkt. No. 21.
-2-