Delgado v. Colvin

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 46 Report and Recommendations, 3 Complaint, filed by Michael Delgado. IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED and the Commissioner's decision in AFFIRMED. Signed by Judge Dee Benson on 7/25/17. (jmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
MICHAEL DELGADO,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

Case No. 1:15-cv-138-DB
District Judge Dee Benson

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Dustin Pead on June 26, 2017, recommending that the district court affirm the decision of
the Social Security Commissioner. (Dkt. No. 46.) The parties were notified of their right to file
objections to the Report and Recommendation within 14 days of service pursuant to 28 U.S.C. §
636 and Fed. R. Civ. P. 72. As of the date of this Order, no objection has been filed to the
Report and Recommendation.
On June 27, 2017, one day after the Report and Recommendation was issued, Plaintiff’s
mother submitted a document labeled “Opening Brief” addressed to Judge Pead, apparently on
behalf of Plaintiff, including medical records and reiterating arguments made to the
Commissioner and Judge Pead. This submission does not appear to comply with the rules for pro
se filers, nor does it appear to be an Objection to Judge Pead’s Report and Recommendation.
However, even if construed as an Objection, the filing does not affect the correctness of Judge
Pead’s determination, as the arguments and records are not new and material.

De novo review of all materials, including the record that was before the magistrate judge
and the reasoning set forth in the Report and Recommendation, has been completed. The
analysis and conclusion of the magistrate judge are correct and the Report and Recommendation
will be adopted.
IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED and the
Commissioner’s decision in AFFIRMED.

DATED this 25th day of July, 2017.

BY THE COURT:

Dee Benson
United States District Judge

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