McCoy v. Commissioner of Social Security Administration

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Plaintiff filed a Complaint (Doc. 1), challenging the denial of her application for
disability insurance benefits. The Honorable John Z. Boyle, United States Magistrate
Judge, issued a Report and Recommendation (“R&R”) (Doc. 23), recommending that the
Court reverse the Administrative Law Judge’s decision and remand for further
proceedings. Judge Boyle advised the parties that they had fourteen (14) days to file
objections to the R&R and that failure to do so could be considered a waiver of the right to
review (Doc. 23 at 9–10) (citing 28 U.S.C. § 636(b)(1), U.S. v. Reyna-Tapia, 328 F.3d
1114, 1121 (9th Cir. 2003)).
The parties have not filed objections and the time to do so has expired, relieving the
Court of its obligation to review the R&R. See, e.g., Thomas v. Arn, 474 U.S. 140, 149–50
(1985) (“It does not appear that Congress intended to require district court review of a
magistrate’s factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings.”); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226
(D. Ariz. 2003) (“[N]o review is required of a magistrate judge’s report and
Regina Mae McCoy,
Plaintiff,
vs.
Commissioner of Social Security
Administration,
Defendant.
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No. CV-25-02060-PHX-SPL
ORDER
Case 2:25-cv-02060-SPL Document 24 Filed 04/10/26 Page 1 of 2

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recommendation unless objections are filed.”); see also Reyna-Tapia, 328 F.3d at 1121
(“[T]he district judge must review the magistrate judge’s findings and recommendations
de novo if objection is made, but not otherwise.”). The Court has nonetheless reviewed the
R&R and finds that it is well-taken. The Court will thus adopt the R&R.
IT IS THEREFORE ORDERED that Magistrate Judge Boyle’s Report and
Recommendation (Doc. 23) is accepted and adopted by the Court.
IT IS FURTHER ORDERED that the final decision of the Commissioner of the
Social Security Administration is reversed and remanded for further proceedings.
IT IS FURTHER ORDERED that Plaintiff’s request for reinstatement of
Medicare and removal of overpayment is dismissed without prejudice.
IT IS FURTHER ORDERED directing the Clerk of Court to enter judgment
accordingly and terminate this case.
Dated this 10th day of April, 2026.
Honorable Steven P. Logan
United States District Judge
Case 2:25-cv-02060-SPL Document 24 Filed 04/10/26 Page 2 of 2