Tracy v. Commissioner of Social Security Administration ( 2022 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Bobby Tracy, No. CV-20-02441-PHX-DLR 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 Before the Court is United States Magistrate Judge Eileen S. Willett’s Report and 16 Recommendation (“R&R”) recommending that the Court reverse the decision of the 17 Commissioner of Social Security and remand this case to the Commissioner for further 18 proceedings. (Doc. 28.) The Magistrate Judge advised the parties that they had fourteen 19 days to file objections to the R&R and that failure to file timely objections could be 20 considered a waiver of the right to obtain review of the R&R. See United States v. Reyna- 21 Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (failing to timely object to an R&R waives 22 review of that R&R). 23 Neither party filed objections, which relieves the Court of its obligation to review 24 the R&R. Still, the Court reviewed the R&R and finds it well-taken. The Court accepts 25 the R&R in its entirety. See 28 U.S.C. § 636(b)(1) (stating that the district court “may 26 accept, reject, or modify, in whole or in part, the findings or recommendations made by the 27 magistrate”); Fed. R. Civ. P. 72(b)(3). 28 1 IT IS ORDERED that the R&R (Doc. 28) is ACCEPTED. 2 IT IS FURTHER ORDERED the reference of this case to the Magistrate Judge is 3|| WITHDRAWN, and the decision of the Commissioner of Social Security is REVERSED. 4|| This matter is REMANDED to the Commissioner for further proceedings. 5 IT IS FURTHER ORDERED that the Clerk of the Court enter judgment || accordingly and terminate this case. 7 Dated this 8th day of March, 2022. 8 9 10 {Z, 11 _- Ae 12 Upited States Dictric Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-