Tippett v. U.S. Commissioner of Social Security et al

Filing 33

ORDER adopting 32 Report and Recommendations in full; denying 20 Motion to Remand. IT IS FURTHER ORDERED that 25 Motion to Affirm is GRANTED. The Clerk shall enter judgment accordingly and close the case. Signed by Chief Judge Gloria M. Navarro on 10/6/2014. (Copies have been distributed pursuant to the NEF - DKJ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Evette R. Tippett,
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Plaintiff,
vs.
Carolyn W. Colvin,

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Defendant.

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Case No.: 2:12-cv-1333-GMN-CWH
ORDER

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Pending before the Court is the Report and Recommendation of United States

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Magistrate Judge Carl W. Hoffman, (ECF No. 32), which states that Plaintiff Evette R.

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Tippett’s Motion for Reversal or Remand, (ECF No. 20), should be denied and Defendant

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Carolyn Colvin’s Motion to Affirm, (ECF No. 25), should be granted.

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A party may file specific written objections to the findings and recommendations of a

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United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B);

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D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo

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determination of those portions to which objections are made. Id. The Court may accept, reject,

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or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge.

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28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is

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not required to conduct “any review at all . . . of any issue that is not the subject of an

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objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized

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that a district court is not required to review a magistrate judge’s report and recommendation

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where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114,

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1122 (9th Cir. 2003).

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Here, no objections were filed, and the deadline to do so has passed.

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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 32), is

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ADOPTED in full.
IT IS FURTHER ORDERED that the Motion for Reversal or Remand, (ECF No. 20),
is DENIED.
IT IS FURTHER ORDERED that the Motion to Affirm, (ECF No. 25), is
GRANTED. The Clerk shall enter judgment accordingly and close the case.

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DATED this 6 day of October, 2014.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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