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Dewey v. Colvin

United States District Court, Ninth Circuit

September 16, 2013

TIMOTHY L. DEWEY, Plaintiff,
v.
CAROLYN W. COLVIN, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION AND AFFIRMING COMMISSIONER'S DECISION

JOHN C. COUGHENOUR, District Judge.

This matter comes before the Court on Plaintiff's objections to the Report and Recommendation ("R&R") (Dkt. No. 19). Having thoroughly considered the parties' briefing and the relevant record, the Court hereby REJECTS the objections (Dkt. No. 19) and ADOPTS the R&R (Dkt. No. 18) for the reasons explained herein.

A district court reviews de novo the portions of an R&R to which a party has filed timely objections. 28 U.S.C. ยง 636(b)(1); Fed.R.Civ.P. 72(b)(3). Plaintiff has filed objections to all of the R&R's recommendations and conclusions. ( See Dkt. No. 19.) As is evident from those objections, however, they merely restate arguments that Plaintiff made to the Magistrate Judge, all of which are thoroughly addressed by the R&R. Each of Plaintiff's objections begins by referring the Court to the pages in Plaintiff's opening brief that addresses the argument found in the objection.[1] Nonetheless, the Court has independently reviewed Plaintiff's arguments and the relevant record. Having done so, the Court agrees with the analysis and conclusions in the R&R and ORDERS as follows:

(1) The Court adopts the Report and Recommendation (Dkt. No. 18).

(2) The final decision of the Commissioner is AFFIRMED and this case is DISMISSED with prejudice.

(3) The Clerk of the Court is respectfully directed to send copies of this Order to the parties and to the Honorable James P. Donohue, United States Magistrate Judge.


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