Logeman v. Social Security

District Court, D. Nevada

Logeman v. Social Security

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 JOANNE L.,, Case No. 2:22-CV-1399 JCM (BNW)

8 Plaintiff(s), ORDER

9 v.

10 COMMISSIONER OF SOCIAL SECURITY,

11 Defendant(s).

12 13 Presently before the court is Magistrate Judge Brenda Weksler’s report and 14 recommendation (“R&R”). (ECF No. 33). She recommends that plaintiff JoAnne Logeman’s 15 motion to remand (ECF No. 28) be granted. She further recommends that the Social Security 16 Commissioner’s cross-motion to affirm and response to plaintiff’s motion for remand (ECF Nos. 17 29, 30) be denied. Finally, she recommends that, on remand, the Administrative Law Judge 18 reconsider Dr. Van Kirk’s opinion; plaintiff’s subjective symptom testimony; and any other part 19 of the decision as necessary in light of the updated record on remand, including plaintiff’s residual 20 functional capacity, and any hypothetical given to the vocational expert. 21 No objections were filed to the R&R. Thus, the court is not obligated to conduct a de novo 22 review of the R&R.

28 U.S.C. § 636

(b)(1) (requiring courts to “make a de novo determination of 23 those portions of the report or specified proposed findings to which objection is made”); United 24 States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003) (en banc) (“[T]he district judge must 25 review the magistrate judge’s findings and recommendations de novo if objection is made, but not 26 otherwise.”). 27 . . . 28 1 Accordingly, 2 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judge Weksler’s R&R 3 (ECF No. 33) is ADOPTED, in full. 4 IT IS FURTHER ORDERED that judgment is entered in favor of plaintiff. 5 The clerk is instructed to enter judgment and close the case. 6 DATED September 29, 2023.

7 __________________________________________ UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown