Stonebraker v. Commissioner of Social Security

District Court, D. Nevada

Stonebraker v. Commissioner of Social Security

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 ERIC C. STONEBRAKER, ) 4 ) Plaintiff, ) Case No.: 2:16-cv-02078-GMN-GWF 5 vs. ) 6 ) ORDER NANCY A. BERRYHILL, Acting ) 7 Commissioner of Social Security, ) ) 8 Defendant. ) ) 9 10 Pending before the Court is the Report and Recommendation of the Honorable United 11 States Magistrate Judge George W. Foley, (ECF No. 28), which states that Plaintiff’s Motion 12 for Reversal or Remand, (ECF No. 20), should be granted, and that Defendant’s Cross-Motion 13 to Affirm, (ECF No. 23), should be denied. Judge Foley further recommends that this matter 14 be remanded to the Social Security Administration with instructions to calculate and pay 15 disability benefits to Plaintiff. 16 A party may file specific written objections to the findings and recommendations of a 17 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 18 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 19 determination of those portions to which objections are made.

Id.

The Court may accept, reject, 20 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 21

28 U.S.C. § 636

(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 22 not required to conduct “any review at all . . . of any issue that is not the subject of an 23 objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985). Indeed, the Ninth Circuit has recognized 24 that a district court is not required to review a magistrate judge’s report and recommendation 25 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,

328 F.3d 1114

, 1 1122 (9th Cir. 2003). 2 Here, no objections were filed, and the deadline to do so has passed. 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 28), is 5 ACCEPTED and ADOPTED in full. 6 IT IS FURTHER ORDERED that Plaintiff’s Motion for Reversal or Remand, (ECF 7 No. 20), is GRANTED. 8 IT IS FURTHER ORDERED that Defendant’s Cross-Motion to Affirm, (ECF No. 9 23), is DENIED. 10 IT IS FURTHER ORDERED that this matter is remanded to the Social Security 11 Administration with instructions to calculate and pay disability benefits to Plaintiff. 12 DATED this _2_6_ day of July, 2019. 13 14 ___________________________________ Gloria M. Navarro, Chief Judge 15 United States District Court 16 17 18 19 20 21 22 23 24 25

Reference

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