Hernandez v. Commissioner of Social Security Administration ( 2023 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Jael Hernandez, No. CV-21-00437-TUC-RM 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 On March 1, 2023, Magistrate Judge Eric J. Markovich issued a Report and 16 Recommendation (Doc. 26), recommending that this Court reverse and remand for further 17 consideration the decision of the Commissioner of Social Security Administration to deny 18 Plaintiff disability benefits. No objections 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 72(b) 22 of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is filed, the 23 court need only satisfy itself that there is no clear error on the face of the record in order to 24 accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b) advisory 25 committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 F.3d 734, 26 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the district court 27 judge reviews those unobjected portions for clear error.”); Prior v. Ryan, CV 10-225-TUC- 28 RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for clear error 1 || unobjected-to portions of Report and Recommendation). 2 The Court has reviewed Magistrate Judge Markovich’s Report and 3 || Recommendation, the parties’ briefs, and the record. The Court finds no error in Magistrate Judge Markovich’s Report and Recommendation. 5 Accordingly, 6 IT IS ORDERED that the Report and Recommendation (Doc. 26) is accepted and adopted in full. 8 IT IS FURTHER ORDERED that Petitioner’s Opening Brief (Doc. 23) is granted. The decision of the Commissioner is reversed and remanded for further 10 || consideration consistent with the Report and Recommendation. The Clerk of Court is 11 || directed to enter judgment accordingly and close this case. 12 Dated this 21st day of March, 2023. 13 14 ff phil □□ 16 WNGUME DL Honorable Rostsiary □□□□□□□ 17 United States District □□□□□ 18 19 20 21 22 23 24 25 26 27 28 _2-