Taysom v. Colvin

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 27 Report and Recommendations, 3 Complaint, filed by Matthew S. Taysom. The court Reverses and Remands the Commissioner's decision. Signed by Judge Robert J. Shelby on 1/5/2015. (las)

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

MATTHEW S. TAYSOM,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

Case No. 2:13-cv-297-RJS-BCW

Defendant.

Judge Robert J. Shelby

This case has been referred to Magistrate Judge Brooke Wells pursuant to 28 U.S.C. §
626(b)(1)(B). Plaintiff Matthew Taysom sought review of the Commissioner of the Social
Security Administration’s denial of applications for Period of Disability, Disability Insurance
Benefits, and Supplemental Security Income.
Judge Wells issued a Report & Recommendation on December 8, 2014.1 Judge Wells
recommended the court reverse and remand the Commissioner’s decision. Neither party
submitted an objection to the Report & Recommendation within the allotted time frame.2 In the
absence of an objection, the court may apply a “clearly erroneous” standard. Under this standard,
the court “will affirm the Magistrate Judge’s ruling unless [the court] . . . is left with the definite
and firm conviction that a mistake has been committed.”3
After reviewing the briefing, record, and relevant legal authorities, the court concludes
that Judge Wells did not err in analyzing Mr. Taysom’s appeal. The court therefore ADOPTS the

1

Dkt. No. 30.
Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b).
3
Thompson v. Astrue, 2010 WL 1944779, at *1 (D. Utah May 11, 2010) (internal quotation marks and citations
omitted).
2

Recommendation and REVERSES AND REMANDS the Commissioner’s decision. The Clerk
of Court is directed to close the case.
SO ORDERED this 5th day of January, 2014.
BY THE COURT:

__________________________
ROBERT J. SHELBY
United States District Judge

2