Summary
The United States District Court for the Southern District of California adopted a magistrate judge’s report and recommendation in a Social Security case. The court vacated the Commissioner’s decision and remanded for further administrative proceedings to reevaluate the evidence of record, directing the Clerk to enter judgment for the plaintiff.
Holdings
- When no timely objection is filed to a magistrate judge's report and recommendation, the district court need only determine whether there is clear error on the face of the record before accepting the recommendation.
- The magistrate judge's recommendation was properly adopted; the Commissioner's decision was vacated and the matter was remanded for further administrative proceedings to reevaluate the evidence of record.
Questions Presented
- What standard of review applies when neither party timely objects to a magistrate judge's report and recommendation on a dispositive matter?
- Whether the magistrate judge's recommendation to vacate the Commissioner's decision and remand for further administrative proceedings should be adopted.
Disposition
vacated
Cases Cited (4)
- United States v. Raddatz, 447 U.S. 667, 673–76 (1980)(followed)
- United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989)(followed)
- Campbell v. U.S. Dist. Court, 501 F.2d 196, 206 (9th Cir. 1974)(followed)
- United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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