Lance 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 his application for
Title II disability insurance benefits. The Honorable Deborah M. Fine, United States
Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 19),
recommending that the Court affirm the Administrative Law Judge’s. Judge Fine 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. 19 at 12–13) (citing 28
U.S.C. § 636(b); Fed. R. Civ. P. 6, 72; 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
Robert Lance,
Plaintiff,
vs.
Commissioner of Social Security
Administration,
Defendant.
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No. CV-25-02834-PHX-SPL
ORDER
Case 2:25-cv-02834-SPL Document 20 Filed 04/14/26 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 Deborah M. Fine’s Report
and Recommendation (Doc. 19) is accepted and adopted by the Court.
IT IS FURTHER ORDERED that the final decision of the Commissioner of the
Social Security Administration is affirmed.
IT IS FURTHER ORDERED directing the Clerk of Court to enter judgment
accordingly and terminate this case.
Dated this 14th day of April, 2026.
Honorable Steven P. Logan
United States District Judge
Case 2:25-cv-02834-SPL Document 20 Filed 04/14/26 Page 2 of 2