Carter v. Berryhill
Carter v. Berryhill
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 DAWN A. CARTER, ) 4 ) Plaintiff, ) Case No.: 2:18-cv-01415-GMN-VCF 5 vs. ) 6 ) ORDER NANCY A. BERRYHILL, Acting ) 7 Commissioner of Social Security, ) ) 8 Defendant. ) ) 9 ) 10 11 Pending before the Court is the Report and Recommendation (“R&R”) of United States 12 Magistrate Judge Cam Ferenbach, (ECF No. 17), which recommends that Plaintiff Dawn 13 Carter’s Motion for Reversal and/or Remand, (ECF No. 14), be granted and the case be 14 remanded to the Social Security Administration. The R&R further recommends that Defendant 15 Commissioner Nancy Berryhill’s Cross-Motion to Affirm the Agency Decision, (ECF Nos. 15 16 and 16), be denied. 17 A party may file specific written objections to the findings and recommendations of a 18 United States Magistrate Judge made pursuant to Local Rule IB 1-4.
28 U.S.C. § 636(b)(1)(B); 19 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 20 determination of those portions to which objections are made.
Id.The Court may accept, reject, 21 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 22
28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 23 not required to conduct “any review at all . . . of any issue that is not the subject of an 24 objection.” Thomas v. Arn,
474 U.S. 140, 149(1985). Indeed, the Ninth Circuit has recognized 25 that a district court is not required to review a magistrate judge’s report and recommendation 1 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,
328 F.3d 1114, 2 1122 (9th Cir. 2003). 3 Here, no objections were filed, and the deadline to do so, September 9, 2019, has passed. 4 (Min. Order, ECF No. 17). 5 Accordingly, 6 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 17), is 7 ACCEPTED AND ADOPTED in full. 8 IT IS FURTHER ORDERED that Plaintiff’s Motion for Reversal and/or Remand, 9 (ECF No. 14), is GRANTED. 10 IT IS FURTHER ORDERED that Defendant’s Cross-Motion to Affirm the Agency 11 Decision, (ECF Nos. 15 and 16), is DENIED. 12 IT IS FURTHER ORDERED that this case is REMANDED to the Social Security 13 Administration. 14 The Clerk is instructed to close the case. 15 16 DATED this __1_0__ day of September, 2019. 17 18 ___________________________________ Gloria M. Navarro, District Judge 19 United States District Court 20 21 22 23 24 25
Reference
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