Schneider v. Commissioner Of Social Security Adm.

Filing 32

ORDER Adopting 31 Report and Recommendation. Granting 23 Motion to Remand. Signed by Judge Jennifer A. Dorsey on 1/21/2014. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 13 Lorin F. Schneider, Case No.: 2:12-cv-01375-JAD-GWF Plaintiff v. Commissioner of Social Security Administration, Order Adopting Finding and Recommendation [Doc. 31] and Remanding Matter to Social Security Administration Defendants 14 15 Before the Court is Magistrate Judge George Foley Jr.’s November 31, 2013, Finding and 16 Recommendation regarding Plaintiff Lorin Schneider’s request for reversal or remand of the 17 Administrative Law Judge’s decision to deny disability benefits. Doc. 23; Doc. 31. Judge Foley 18 recommended remanding “for further administrative proceedings, including the obtaining of 19 vocational expert testimony, to determine whether there are sedentary jobs available in sufficient 20 numbers in the national economy that Plaintiff can perform in light of the environmental restrictions 21 on his residual functional capacity.” Doc. 31 at 12. Objections were due December 8, 2013. 22 Neither Schneider nor the Defendant Commissioner of Social Security Administration filed an 23 objection to Judge Foley’s Finding and Recommendation. “[N]o review is required of a magistrate 24 judge’s report and recommendation unless objections are filed.” Schmidt v. Johnstone, 263 F. Supp. 25 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. 26 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 27 28 1 1 Accordingly, and with good cause appearing, 2 It is hereby ORDERED that Judge Foley’s Finding and Recommendation [Doc. 31] is 3 4 ADOPTED. It is further ORDERED that this action is REMANDED to the Social Security 5 Administration for further proceedings consistent with this Order and Judge Foley’s Finding and 6 Recommendation. 7 DATED January __, 2014. January 21, 2014. 8 9 10 _________________________________ Jennifer A. Dorsey United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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