McComb v. Colvin

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 20 Order Adopting Report and Recommendations. The court Adopts the Recommendation, and AFFIRMS the decision of the Commissioner. Signed by Judge Robert J. Shelby on 3/30/2015. (las)

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

RICHARD OWEN,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
CAROLYN W. COLVIN, in her capacity as
Acting Commissioner of the Social Security
Administration,

Case No. 1:13-CV-00141
Judge Robert J. Shelby

Defendant.
This case has been referred to Magistrate Judge Brooke Wells pursuant to 28 U.S.C. §
626(b)(1)(B). Plaintiff Richard Owen has challenged the denial of his applications for Period of
Disability, Disability Insurance Benefits and Supplemental Security Income. Pursuant to 42
U.S.C. § 405(g), he seeks to reverse the determination of the Social Security Administration
Commissioner, on the basis of alleged errors made by the Administrative Law Judge.
Judge Wells issued a Report & Recommendation on March 10, 2015. (Dkt. 25.) Judge
Wells recommended the court affirm the Commissioner’s decision. Neither party submitted an
objection to the Report & Recommendation within the allotted time frame.1 In the absence of an
objection to a report and recommendation, the court may apply a “clearly erroneous” standard of
review when evaluating a report and recommendation. Under this standard, the court “will

1

Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b).

affirm the Magistrate Judge’s ruling unless [the court] . . . is left with the definite and firm
conviction that a mistake has been committed.”2
After reviewing the briefing, record, and relevant legal authorities, the court concludes
that Judge Wells did not err in her analysis. The court therefore ADOPTS the Recommendation,
and AFFIRMS the decision of the Commissioner. (Dkt. 25.) The Clerk of Court is directed to
close the case.
SO ORDERED this 30th day of March, 2015.
BY THE COURT:

__________________________
ROBERT J. SHELBY
United States District Judge

2

Thompson v. Astrue, 2010 WL 1944779, at *1 (D. Utah May 11, 2010) (internal quotation marks and citations
omitted).