Nevarez v. Commissioner of Social Security Administration

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Donna Nevarez,
Plaintiff,
v.
Commissioner of Social Security
Administration,
Defendant.
No. CV-25-00271-TUC-RM
ORDER
On February 17, 2026, Magistrate Judge James E. Marner issued a Report and
Recommendation (Doc. 25) recommending that this Court reverse the decision of the
Administrative Law Judge and remand this matter to the Commissioner for further
administrative proceedings. No objections to the Report and Recommendation were filed.
A district judge must “make a de novo determination of those portions” of a
magistrate judge’s “report or specified proposed findings or recommendations to which
objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule 72(b)
of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is filed, the
court need only satisfy itself that there is no clear error on the face of the record in order to
accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b) advisory
committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 F.3d 734,
739 (7th Cir. 1999) (“If no objection or only partial objection is made, the district court
judge reviews those unobjected portions for clear error.”); Prior v. Ryan, CV 10-225-TUC-
RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for clear error
Case 4:25-cv-00271-RM Document 26 Filed 03/26/26 Page 1 of 2

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unobjected-to portions of Report and Recommendation).
The Court has reviewed Magistrate Judge Marner’s Report and Recommendation,
the parties’ briefs, and the record. The Court finds no error in Magistrate Judge Marner’s
Report and Recommendation. Accordingly,
IT IS ORDERED that the Report and Recommendation (Doc. 25) is accepted and
adopted in full. The decision of the Commissioner of Social Security is reversed, and
this matter is remanded to the Commissioner for further administrative proceedings, as set
forth in the Report and Recommendation.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter judgment
in favor of Plaintiff Donna Nevarez, and to close this case.
Dated this 26th day of March, 2026.
Case 4:25-cv-00271-RM Document 26 Filed 03/26/26 Page 2 of 2