Burger v. Commissioner of Social Security Administration

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Richard Burger, Jr.,
Plaintiff,
v.
Commissioner of Social Security
Administration,
Defendant.
No. CV-25-00075-TUC-AMM
ORDER
On November 25, 2025, Magistrate Judge Rateau issued a Report and
Recommendation (“R&R”) recommending this Court reverse the decision of the
Administrative Law Judge (“ALJ”) and remand this matter to the Commissioner for
further proceedings. (Doc. 26.) Judge Rateau notified the parties they had fourteen (14)
days to file any written objections to the proposed findings and recommendation. (Id. at
18.) Neither party filed an objection, and the time to do so has now passed.
A district court is not required to conduct “any review at all . . . of any issue that is
not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985); see also 28
U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those
portions of the report or specified proposed findings or recommendations to which
objection is made.”). “[T]he court need only satisfy itself that there is no clear error on
the face of the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b),
Advisory Committee Notes 1983 Addition. A district judge may “accept, reject, or
modify, in whole or in part, the findings or recommendations” of the magistrate judge. 28
Case 4:25-cv-00075-AMM Document 27 Filed 01/09/26 Page 1 of 2

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U.S.C. § 636(b)(1).
The Court has reviewed Judge Rateau’s R&R, the parties’ briefs, and the record.
The Court finds no clear error and agrees with the findings and recommendation.
Accordingly,
IT IS ORDERED that the Report and Recommendation is ADOPTED. (Doc.
26.)
IT IS FURTHER ORDERED that the ALJ’s decision is REVERSED and the
matter is REMANDED to the Commissioner for further proceedings. The Clerk of Court
shall enter judgment accordingly and close this case.
Dated this 9th day of January, 2026.
Case 4:25-cv-00075-AMM Document 27 Filed 01/09/26 Page 2 of 2