Street 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 Ann Elaine Street, No. CV-21-00179-PHX-JJT (DMF) 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 16 Magistrate Judge Deborah M. Fine has submitted a Report and Recommendation 17 (“R&R”) in this matter, recommending that the Court affirm the decision of the 18 Commissioner of Social Security adopting the Administrative Law Judge’s ruling and 19 denying Plaintiff’s application for Disability Insurance Benefits under the Social Security 20 Act. In the R&R, Judge Fine advised the parties that they had 14 days from the date of its 21 service to file any written objections with the court, and that failure to do so “may result in 22 the acceptance of the Report and Recommendation by the District Court without further 23 review.” (Doc. 26 at 47.) 24 Well over 14 days from entry of the R&R have now elapsed and no party has filed 25 any objections thereto. Pursuant to United States v. Reyna-Tapia, 328 F. 3d 1114, 1121 26 (9th Cir. 2003), and as Judge Fine advised the parties, the Court is entitled to accept the 27 R&R without further review. It has nonetheless undertaken a thorough review of Judge 28 Fine’s meticulous and exhaustive 47-page R&R and concludes that her recommendation and her underlying analysis are both legally correct. Substantial evidence supports the 2|| ALJ’s non-disability determination in this matter; he therefore did not err in his decision. □□ Therefore, the Court will adopt the R&R and affirm the ALJ’s decision of no disability. 4 IT IS ORDERED adopting Judge Fine’s R&R (Doc. 26). 5 IT IS FURTHER ORDERED affirming the ALJ’s determination of nondisability || in this matter. The Clerk of Court will enter judgment for Defendant and terminate this {| matter. 8 Dated this 16th day of May, 2022. ON 10 wefehlee— Unifga State#District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-