Baker v. Berryhill

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 22 Report and Recommendations. The court affirms the final agency decision of the Commissioner of Social Security denying benefits. Signed by Judge Jill N. Parrish on 1/17/2019. (jds)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
STEVEN M. B.,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,

Case No. 2:17-cv-00970-JNP-EJF
Judge Jill N. Parrish

Defendant.
On January 2, 2019, Magistrate Judge Evelyn J. Furse issued a Report and
Recommendation that this court affirm the final agency decision of the Commissioner of Social
Security denying the disability insurance benefits claimed by Steven B. [Docket 22]. The Report
and Recommendation advised Steven B. that a failure to object within 14 days of service could
result in a waiver of objections upon review by this court. He did not file an objection within the
14-day time limit.
Steven B.’s failure to object waived any argument that the Report and Recommendation
was in error. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th Cir. 1996).
The court need not apply this waiver rule as a procedural bar if “the interests of justice so dictate.”
Id. (quoting Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991)). The court has reviewed
the Report and Recommendation and its conclusion that the Commissioner’s denial of benefits is
supported by substantial evidence. The court concludes that the Report and Recommendation is
not clearly erroneous and finds that the interests of justice do not warrant deviation from the waiver
rule. The court, therefore, ADOPTS IN FULL the Report and Recommendation.
Accordingly, the court ORDERS as follows:

1. The Report and Recommendation [Docket 22] is ADOPTED IN FULL.
2. The court affirms the final agency decision of the Commissioner of Social Security
denying benefits.
SO ORDERED January 17, 2019.
BY THE COURT:

______________________________________
JILL N. PARRISH
United States District Judge

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