Barr-Thomas v. Berryhill
Barr-Thomas v. Berryhill
Trial Court Opinion
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA JULIE A. BARR-THOMAS, Case No.: 2:18-cv-0225 1-APG-VCF 4 Plaintiff Order (1) Accepting Report and Recommendation, (2) Denying Motion to SH v. Affirm, and (3) Granting Motion to Remand NANCY A. BERRYHILL, [ECF Nos. 20, 24, 26] 7 Defendant 8 On January 22, 2020, Magistrate Judge Ferenbach recommended that I grant plaintiff 9} Julie Barr-Thomas’s motion to remand and deny the defendant’s motion to affirm. ECF No. 26. 10|| No party objected. Thus, I am not obligated to conduct a de novo review of the report and recommendation.
28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo determination of those portions of the report or specified proposed findings to which objection is made”); United States v. Reyna-Tapia,
328 F.3d 1114, 1121(9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings and recommendations de novo if 15}| objection is made, but not otherwise” (emphasis in original)). 16 I THEREFORE ORDER that Magistrate Judge Ferenbach’s report and recommendation 17|| (ECF No. 26) is accepted, defendant Nancy Berryhill’s motion to affirm (ECF No. 24) is DENIED, and plaintiff Julie Barr-Thomas’s motion to remand (ECF No. 20) is GRANTED. 19|| This matter is remanded to the Social Security Administration for further proceedings consistent 20}| with this order and with Judge Ferenbach’s report and recommendation. 21 DATED this 10th day of February, 2020. 22 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE
Reference
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