Oyola-Rivera v. Commissioner of Social Security, No. 3:2011cv01150 - Document 19 (D.P.R. 2011)

Court Description: MEMORANDUM AND ORDER re 17 Report and Recommendation re 2 Social Security Complaint. The Court has made an independent examination of the entire record in this case, including plaintiff's objection to the Report and Recommendation, and ADOP TS the magistrate judge's findings and recommendations as the opinion of this Court. Accordingly, the Commissioner's decision is AFFIRMED. Judgment shall be entered accordingly. Signed by Judge Francisco A. Besosa on 11/28/2011. (brc)

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Oyola-Rivera v. Commissioner of Social Security Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO MARIA J. OYOLA-RIVERA, Plaintiff, CIVIL NO. 11-1150 (FAB) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. MEMORANDUM AND ORDER BESOSA, District Judge. A district court may refer a pending dispositive motion to a magistrate judge for a report and recommendation. See 28 U.S.C. § 636(b)(1)(B); Fed.R.Civ.P. 72(b); Loc. Rule 72(c). Any party adversely affected by the report and recommendation may file written objections within fourteen days of being served with the magistrate judge’s report. A party that files a timely objection is entitled to a de novo determination of “those portions of the report or specified proposed findings or recommendations to which specific objection is made.” Sylva v. Culebra Dive Shop, 389 F.Supp.2d 189, 191-92 (D.P.R. 2005) (citing United States v. Raddatz, 447 U.S. 667, 673 (1980)). rule precludes further review. 22, 30-31 (1st Cir. 1992). Failure to comply with this See Davet v. Maccorone, 973 F.2d In conducting its review, the court is free to “accept, reject, or modify, in whole or in part, the findings or recommendations 28 U.S.C. § 636 (a)(b)(1). made by the magistrate judge.” Templeman v. Chris Craft Corp., 770 Dockets.Justia.com Civil No. 11-1150 (FAB) 2 F.2d 245, 247 (1st Cir. 1985); Alamo Rodriguez v. Pfizer Pharms., Inc., 286 F.Supp. 2d 144, 146 (D.P.R. 2003). Furthermore, the Court may accept those parts of the report and recommendation to which the parties do not object. See Hernandez-Mejias v. General Elec., 428 F.Supp.2d 4, 6 (D.P.R. 2005) (citing Lacedra v. Donald W. Wyatt Det. Facility, 334 F.Supp.2d 114, 125-126 (D.R.I. 2004)). On November 18, 2011, the United States magistrate judge issued a Report and Recommendation (R&R) in this case, indicating that the Commissioner of Social Security’s decision is supported by substantial evidence in the record and recommending that it should be AFFIRMED. (Docket No. 17.) R&R on November 22, 2011. independent including examination plaintiff’s Defendant filed an objection to the (Docket No. 18). of the objection entire to The Court has made an record the R&R, in and this case, ADOPTS the magistrate judge’s findings and recommendations as the opinion of this Court. Accordingly, the Commissioner’s decision is AFFIRMED. Judgment shall be entered accordingly. IT IS SO ORDERED. San Juan, Puerto Rico, November 28, 2011. s/ Francisco A. Besosa FRANCISCO A. BESOSA UNITED STATES DISTRICT JUDGE

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