Tate v. Colvin
Tate v. Colvin
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 KIMBERLY TATE, ) 4 ) Plaintiff, ) Case No.: 2:16-cv-02386-GMN-VCF 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 United States 11 Magistrate Judge Cam Ferenbach, (ECF No. 23), which recommends that Plaintiff Kimberly 12 Tate’s (“Plaintiff’s”) Motion for Remand, (ECF No. 18), be denied and the Acting 13 Commissioner’s Cross-Motion to Affirm and Opposition to Plaintiff’s Motion for Reversal be 14 granted, (ECF No. 19). 15 A party may file specific written objections to the findings and recommendations of a 16 United States Magistrate Judge made pursuant to Local Rule IB 1-4.
28 U.S.C. § 636(b)(1)(B); 17 D. Nev. Local R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 18 determination of those portions to which objections are made.
Id.The Court may accept, reject, 19 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 20
28 U.S.C. § 636(b)(1); D. Nev. Local R. IB 3-2(b). Where a party fails to object, however, the 21 Court is not required to conduct “any review at all . . . of any issue that is not the subject of an 22 objection.” Thomas v. Arn,
474 U.S. 140, 149(1985). Indeed, the Ninth Circuit has recognized 23 that a district court is not required to review a magistrate judge’s report and recommendation 24 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,
328 F.3d 1114, 25 1122 (9th Cir. 2003). 1 Here, no objections were filed, and the deadline to do so has passed. (See Min. Order, 2 ECF No. 23) (setting a deadline of January 20, 2020, for objections) 3 Accordingly, 4 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 23), is 5 ADOPTED in full. 6 IT IS FURTHER ORDERED that Plaintiff’s Motion for Remand, (ECF No. 18), is 7 DENIED and the Acting Commissioner’s Cross-Motion to Affirm, (ECF No. 19), is 8 GRANTED. 9 The Clerk is instructed to enter judgment accordingly and close the case. 10 11 DATED this _2_3__ day of January, 2020. 12 13 ___________________________________ Gloria M. Navarro, District Judge 14 United States District Court 15 16 17 18 19 20 21 22 23 24 25
Reference
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