Mayberry v. Commissioner of Social Security Administration

[5] 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA [8] 9 Mariah Lyn Mayberry, No. CV-21-00038-TUC-RM 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, [13] Defendant. [14] 15 On January 28, 2022, Magistrate Judge Leslie A. Bowman issued a Report and 16 Recommendation (Doc. 25) recommending that this Court reverse the final decision of 17 the Commissioner of Social Security and remand for further proceedings. No objections 18 to the Report and Recommendation were filed. 19 A district judge must “make a de novo determination of those portions” of a 20 magistrate judge’s “report or specified proposed findings or recommendations to which 21 objection is made.” 28 U.S.C. § 636 (b)(1). The advisory committee’s notes to Rule 22 72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is 23 filed, the court need only satisfy itself that there is no clear error on the face of the record 24 in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b) 25 advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 26 F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the 27 district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan, 28 CV 10-225-TUC-RCC, 2012 WL 1344286 , at *1 (D. Ariz. Apr. 18, 2012) (reviewing for 1 || clear error unobjected-to portions of Report and Recommendation). 2 The Court has reviewed Magistrate Judge Bowman’s Report and Recommendation, the parties’ briefs, and the record. The Court finds no error in 4|| Magistrate Judge Bowman’s Report and Recommendation. 5 Accordingly, 6 IT IS ORDERED that the Report and Recommendation (Doc. 25) is accepted and adopted in full. 8 IT IS FURTHER ORDERED that the final decision of the Commissioner of Social Security is reversed, and this case is remanded to the agency for further || proceedings consistent with the Report and Recommendation. The Clerk of Court is 11 || directed to enter judgment accordingly and close this case. 12 Dated this 4th day of March, 2022. [14] rhe bien.) 16 ANGUL Bf Honorable Rostsiary □□□□□□□ 17 United States District □□□□□ [28] _2-