Rinehart v. Commissioner of Social Security Administration

[5] 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA [8] 9 Cindy Rinehart, No. CV-23-00035-TUC-JAS 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, [13] Defendant. [14] 15 Pending before the Court is a Report and Recommendation issued by United States 16 Magistrate Judge Markovich that recommends reversing and remanding the 17 Commissioner’s decision for further consideration. A review of the record reflects that the 18 parties have not filed any objections to the Report and Recommendation and the time to 19 file objections has expired. As such, the Court will not consider any objections or new 20 evidence. The Court has reviewed the record, including Plaintiff’s complaint (Doc. 1), the 21 administrative record (Doc. 16), Plaintiff’s opening brief (Doc. 19), Defendant’s answering 22 brief (Doc. 23), and Plaintiff’s reply brief (Doc. 24). 23 The Court concludes that Magistrate Judge Markovich’s recommendations are not 24 clearly erroneous. See 28 U.S.C. § 636 (b)(1); Fed. R. Civ. P. 72; Johnson v. Zema Systems 25 Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 F. Supp. 2d 1203 , 1204 26 (D. Or. 1998). 27 /// 28 /// 1 Accordingly, IT IS HEREBY ORDERED as follows: || (1) Magistrate Judge Markovich’s Report and Recommendation (Doc. 25) is accepted and || adopted. 4|| (2) The commissioner’s decision is reversed and this case is remanded to the 5 || commissioner for further consideration. 6 Dated this 29th day of March, 2024. [8] A ashe. Honorable James A. Soto 10 United States District Judge [28] _2-