Colvin 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 Anna Colvin, No. CV-23-00131-TUC-JCH 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 Before the Court is Magistrate Judge Maria Aguilera's Report and Recommendation 16 ("R&R"). Doc. 21. Judge Aguilera recommends affirming the decision of the Social 17 Security Administration Commissioner. Doc. 21 at 1. Neither party objects to the R&R. 18 See generally docket. 19 A district court reviews objected-to portions of an R&R de novo. 28 U.S.C. 20 § 636(b)(1); see also Fed. R. Civ. P. 72(b); United States v. Remsing, 874 F.2d 614, 617 21 (9th Cir. 1989). Failure to timely object may be considered a waiver of a party's right to de 22 novo consideration of the issues. United States v. Reyna-Tapia, 328 F.3d 1114, 1121–22 23 (9th Cir. 2003) (en banc). The advisory committee's notes to Rule 72(b) of the Federal 24 Rules of Civil Procedure state that, "[w]hen no timely objection is filed, the court need only 25 satisfy itself that there is no clear error on the face of the record in order to accept the 26 recommendation" of a magistrate judge. Fed. R. Civ. P. 72(b) advisory committee's note to 27 1983 addition. See also Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). 28 After independent review, the Court finds no error and will adopt the R&R in full. 1 Accordingly, 2 IT IS ORDERED ADOPTING IN FULL the R&R (Doc. 21). 3 IT IS FURTHER ORDERED AFFIRMING the Commissioner's decision. The Clerk of the Court shall enter judgment accordingly and close this case. 5 Dated this 7th day of December, 2023. 6 7 ~/) 9 / / John C. Hinderaker 10 _/United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-