Marsh v. Commissioner of Social Security Administration

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Toby Marsh,
Plaintiff,
v.
Commissioner of Social Security
Administration,
Defendant.
No. CV-25-00022-TUC-SHR
Order Adopting Report and
Recommendation
On September 11, 2025, Magistrate Judge James E. Marner issued a Report and
Recommendation (R&R) recommending the Court reverse the decision of the
administrative law judge (ALJ) and remand for further administrative proceedings. (Doc.
25.) The R&R notified the parties they had fourteen (14) days after being served with a
copy of the R&R to file any objections. (Id. at 16–17.) No objections have been filed.
If neither party objects to a magistrate judge's report and recommendation, the
District Court is not required to review the magistrate judge's decision under any specified
standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (noting a district court need
only review a magistrate judge's findings and recommendations de novo if objection is
made). However, the statute for review of a magistrate judge's recommendation "does not
preclude further review by the district judge, sua sponte or at the request of a party, under
a de novo or any other standard." Thomas, 474 U.S. at 154.
Case 4:25-cv-00022-SHR-JEM Document 28 Filed 10/30/25 Page 1 of 2

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In this case, the deadline for filing objections has passed. As noted, no objections
have been filed, and neither party has requested additional time to do so despite the warning
from Judge Marner indicating "[i]f objections are not timely filed, they may be deemed
waived." (Doc. 25 at 17.) Therefore, the Court will adopt the R&R on that basis alone.
See Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (declining to
substantively review magistrate judge's report and recommendation because no objections
were filed). Accordingly,
IT IS ORDERED Magistrate Judge Marner's Report and Recommendation (Doc.
25) is ADOPTED.
IT IS FURTHER ORDERED the ALJ's decision is REVERSED and this matter
is REMANDED to the Commissioner of the Social Security Administration for further
administrative proceedings.
IT IS FURTHER ORDERED the Clerk of Court shall enter judgment accordingly
and close this case.
Dated this 29th day of October, 2025.
Case 4:25-cv-00022-SHR-JEM Document 28 Filed 10/30/25 Page 2 of 2