Opinion
CASE NO. 14CV1380 BEN (JMA)
02-02-2015
PHINEAS C. BOLDEN, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.
ORDER:
(1) ADOPTING REPORT AND RECOMMENDATION
(2) GRANTING DEFENDANT'S MOTION TO DISMISS
[Docket Nos. 11, 12]
On June 5, 2014, Plaintiff Phineas C. Bolden commenced an action seeking judicial review of a denial of disability benefits. (Docket No. 1.) Defendant Commissioner of Social Security filed a Motion to Dismiss the Complaint as untimely on August 25, 2014 . (Docket No. 11.) Plaintiff did not oppose the motion. On December 11, 2014, Magistrate Judge Jan M. Adler issued a thoughtful and thorough Report and Recommendation recommending that Defendant's Motion to Dismiss be granted. (Docket No. 12). Any objections to the Report and Recommendation were due December 30, 2014. (Id.) Neither party has filed any objections. For the reasons that follow, the Report and Recommendation is ADOPTED.
A district judge "may accept, reject, or modify the recommended disposition" of a magistrate judge on a dispositive matter. FED. R. CIV. P. 72(b)(3); see also 28 U.S.C. § 636(b)(1). "The district judge must determine de novo any part of the [report and recommendation] that has been properly objected to." FED. R. CIV. P. 72(b)(3). However, "[t]he statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); see also Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005). "Neither the Constitution nor the statute requires a district judge to review, de novo, findings and recommendations that the parties themselves accept as correct." Reyna-Tapia, 328 F.3d at 1121.
In the absence of any objections, the Court fully ADOPTS Judge Adler's Report and Recommendation. Defendant's Motion to Dismiss is GRANTED. Plaintiff's Complaint is DISMISSED. The Clerk shall close the file.
IT IS SO ORDERED. DATED: 2/2/15
/s/_________
HON. ROGER T. BENITEZ
United States District Judge