Romrell v. Colvin

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 2 Complaint filed by Jerry J. Romrell. Case Closed. Signed by Judge Robert J. Shelby on 3/29/2016. (jds)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
JERRY J. ROMRELL,
ORDER ADOPTING REPORT AND
RECOMMENDATION

Plaintiff,
v.

Case No. 2:15-cv-00255-RJS
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,

Judge Robert J. Shelby

Defendant.

Plaintiff Jerry J. Romrell filed his Complaint on April 14, 2015, seeking review of the
Acting Commissioner of the Social Security Administration’s decision denying his application
for Disability Insurance Benefits.1 The case was then referred to Magistrate Judge Dustin B.
Pead pursuant to 28 U.S.C. § 636(b)(1)(B).2
Judge Pead issued a Report and Recommendation on March 8, 2016.3 Judge Pead
recommended that the court affirm the Commissioner’s decision because there is substantial
evidence in the record supporting the Administrative Law Judge’s determination that there is
work existing in significant numbers in the national economy that Mr. Romrell can perform
given his age, background, and work-related functional limitations.4
Under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), a party has
fourteen days from receipt of a Report and Recommendation in which to file an objection.

1

Dkt. 2.
Dkt. 13.
3
Dkt. 38.
4
Id.
2

1

Neither party has done so. In the absence of an objection, the court may apply a clearly
erroneous standard of review.5 Under this deferential standard, the court will affirm a Magistrate
Judge’s ruling unless the court “‘is left with the definite and firm conviction that a mistake has
been committed.’”6
After carefully reviewing the briefing, record, and relevant legal authorities, the court
concludes that Judge Pead did not clearly err in analyzing Mr. Romrell’s appeal. The court
therefore ADOPTS the Recommendation and AFFIRMS the Commissioner’s decision. The
Clerk of Court is directed to close the case.
SO ORDERED this 29th day of March, 2016.
BY THE COURT:

___________________________
ROBERT J. SHELBY
United States District Judge

5

Thompson v. Astrue, 2010 WL 1944779, at *1 (D. Utah May 11, 2010) (citing 28 U.S.C. § 636(b)(1)).
Ocelot Oil Corp. v. Sparrow Indus., 847 F.2d 1458, 1464 (10th Cir. 1988) (quoting United States v. United
States Gypsum Co., 333 U.S. 364, 395 (1948)).
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