Seth D. v. O'Malley

HONORABLE LINDA LOPEZ, UNITED STATES DISTRICT JUDGE.

ORDER:

(1) ADOPTING REPORT AND RECOMMENDATION;

(2) REVERSING DECISION OF THE COMMISSIONER; and

(3) REMANDING ACTION FOR FURTHER PROCEEDINGS

[ECF Nos. 16, 20]

HONORABLE LINDA LOPEZ, UNITED STATES DISTRICT JUDGE.

Plaintiff Seth D. filed a complaint seeking judicial review of a decision by the Commissioner of Social Security (the “Commissioner”) on December 27, 2022 [ECF No. 1] and amended that complaint on January 3, 2023 [ECF No. 5]. On May 10, 2023, Plaintiff filed his merits brief, contending that the Commissioner's decision should be reversed. ECF No. 16.

On December 15, 2023, Magistrate Judge Jill L. Burkhardt issued a Report and Recommendation (“R&R”), recommending that the Court reverse the decision of the Commissioner and remand this action to the Social Security Administration for further administrative proceedings. ECF No. 20. The R&R ordered that any objections were to be filed no later than December 29, 2023. See id. at 33. To date, no objection has been filed, nor has there been a request for additional time to file an objection.

As set forth by 28 U.S.C. § 636(b) and Rule 72(b) of the Federal Rules of Civil Procedure, a district judge must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P. 72(b) advisory committee's note to 1983 amendment. The district court need not conduct a de novo review of any findings and recommendations to which no objections are filed. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“Neither the Constitution nor the [Federal Magistrates Act] requires a district judge to review, de novo, findings and recommendations that the parties themselves accept as correct.”).

In the instant case, no party has filed an objection to the R&R, and the Court further finds that it is thorough, well-reasoned, and contains no clear error. Accordingly, the Court hereby: (1) ADOPTS Magistrate Judge Jill L. Burkhardt's Report and Recommendation [ECF No. 20] in its entirety; (2) REVERSES the decision of the Commissioner denying benefits to Plaintiff; and (3) REMANDS the case back to the Commissioner for further review pursuant to sentence four of 42 U.S.C. § 405(g).

IT IS SO ORDERED.