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holding even if work was not considered substantial gainful activity, it "is still properly considered in evaluating the credibility of Plaintiff's subjective pain and limitations"
Summary of this case from Blair v. AstrueOpinion
Civil Action No. 3:07CV90.
May 9, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above styled matter came before the Court for consideration of the Report and Recommendation of United States Magistrate Judge John S. Kaull [Doc. No. 12] dated April 23, 2008, to which neither party filed objections. In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, failure to file objections to the magistrate judge's proposed findings and recommendation permits the District Court to review the recommendation under the standards that the District Court believes are appropriate, and under these circumstances, the parties' right to de novo review is waived. See Webb v. Califano , 468 F. Supp. 825 (E.D. Cal. 1979).
Accordingly, because no objections have been filed, this report and recommendation ("R R") will be reviewed for clear error. Upon review of the R R and the record, it is the opinion of this Court that the Magistrate Judge's Report and Recommendation [Doc. No. 12] should be, and is, hereby ORDERED ADOPTED.
For reasons more fully stated in the Report and Recommendation of United States Magistrate Judge John S. Kaull [Doc. No. 12], this Court ORDERS that the Defendant's Motion for Summary Judgment [Doc. No. 11] be GRANTED, that plaintiff's Motion for Summary Judgement [Doc. No. 8] be DENIED, and that this matter be DISMISSED from the docket.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record.