YI v. Commissioner of Social Security

Filing 18

ORDER Approving and Adopting 17 Report and Recommendation. IT IS FURTHER ORDERED that 8 Plaintiffs Motion for Judgment on the Pleadings is DENIED and that the 13 Commissioners Cross-Motion to Affirm is GRANTED. The Clerk shall enter judgment accordingly. Signed by Judge Andrew P. Gordon on 05/10/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SANG YI,
Plaintiff,

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vs.

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CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.
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2:12-cv-01590-APG-PAL
ORDER

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Currently before the Court is the Report and Recommendation (#17) entered by the
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Magistrate Judge on April 19, 2013, in which the Magistrate Judge recommends that the Court
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deny Plaintiff’s Motion for Judgment on the Pleadings (#8) and grant the Commissioner’s Cross17

Motion to Affirm (#13). Objections to the Report and Recommendation (#17) have not been
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timely filed, nor has Plaintiff requested an extension of the time to file objections. When
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objections are timely filed, the Court is required to make a de novo determination of the portions
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of the report to which objection is made. 28 U.S.C. § 636(b)(1). When no objections are filed,
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the court is not required to review the report and recommendation at all. Thomas v. Arn, 474
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U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
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2003).
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While Plaintiff has failed to object to the Report and Recommendation (#17), the Court
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has reviewed the Report and Recommendation and agrees with the Magistrate Judge’s
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determination that the Administrative Law Judge’s decision to deny disability benefits is
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supported by substantial evidence and should be affirmed.
IT IS, THEREFORE, HEREBY ORDERED that the Report and Recommendation
(#17) is APPROVED AND ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Judgment on the Pleadings
(#8) is DENIED.
IT IS FURTHER ORDERED that the Commissioner’s Cross-Motion to Affirm (#13) is
GRANTED.

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The Clerk shall enter judgment accordingly.

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DATED this 10th day of May, 2013.

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____________________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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