Rivera 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 Rebekah Rivera, No. CV-21-00388-TUC-SHR 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 16 On November 21, 2022, Magistrate Judge D. Thomas Ferraro issued a Report and 17 Recommendation (“R&R”) in which he recommended the Court vacate the decision of the 18 Commissioner and remand this matter. (Doc. 22.) The R&R notified the parties they had 19 fourteen (14) days from the date of the R&R to file any objections. (Id. at 12.) No 20 objections have been filed. 21 If neither party objects to a magistrate judge’s report and recommendation, the 22 District Court is not required to review the magistrate judge’s decision under any specified 23 standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v. 24 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (district court only needs to 25 review magistrate judge’s findings and recommendations de novo if objection is made). 26 However, the statute for review of a magistrate judge’s recommendation “does not preclude 27 further review by the district judge, sua sponte or at the request of a party, under a de novo 28 or any other standard.” Thomas, 474 U.S. at 154. 1 In this case, the deadline for filing objections was December 5, 2022. As noted, no 2|| objections have been filed, and neither party has requested additional time to do so. 3|| Therefore, the Court may adopt the R&R on that basis alone. See Schmidt v. Johnstone, 4|| 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (district court declined to review the magistrate 5 || judge’s report because no objections were filed). Nonetheless, the Court finds the R&R 6 || well-reasoned and agrees with Judge Ferraro’s conclusions. Accordingly, 7 IT IS ORDERED Magistrate Judge Ferraro's Report and Recommendation (Doc. 22)is ADOPTED. 9 IT IS FURTHER ORDERED the final decision of the Commissioner of Social Security is VACATED and the case is REMANDED for further proceedings consistent 11 with this Order. 12 IT IS FURTHER ORDERED the Clerk of Court shall enter judgment accordingly 13} and close the file in this case. 14 Dated this 22nd day of December, 2022. 15 16 /) 18 Honorable Scott H, Rash _/ United States District Judge 19 20 21 22 23 24 25 26 27 28 _2-