Taylor v. Astrue

Filing 24

ORDER Accepting and Adopting 23 Report and Recommendation. Denying 19 Motion to Remand. Granting 22 Cross-Motion to Affirm Signed by Chief Judge Gloria M. Navarro on 1/13/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Sandra Faye Taylor,
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Plaintiff,
vs.

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Social Security Administration,
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Defendant.

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Case No.: 2:12-cv-01692-GMN-GWF
ORDER

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

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Magistrate Judge George W. Foley, Jr. (ECF No. 23.) No objections have been filed, and

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the deadline to object has passed. For the reasons discussed below, the Court will accept

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and adopt in full Judge Foley’s Report and Recommendation.

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This action was referred to Judge Foley pursuant to 28 U.S.C. § 636(b)(1)(B) and

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District of Nevada Local Rule IB 1-4. Judge Foley entered a report of his findings and

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recommended that this Court enter an order denying Plaintiff’s Motion to Remand (ECF

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No. 19), and granting Defendant’s Cross-motion to Affirm (ECF No. 22). (R&R, ECF

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No. 23.)

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

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of a United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. §

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636(b)(1)(B); D. Nev. R. IB 3-2. Upon such a filing, the Court must make a de novo

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determination of those portions of the Report to which objections are made. Id. The

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Court may accept, reject, or modify, in whole or in part, the findings or recommendations

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made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b).

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In his Report, Judge Foley discussed the underlying facts and issues, and
concluded that the decision of the Administrative Law Judge (“ALJ”) was supported by
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substantial evidence, and that the ALJ articulated sufficiently compelling reasons to reject

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Plaintiff’s testimony. Judge Foley entered his Report and Recommendation (ECF No.

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23) on December 19, 2013, and no party filed an objection. The Court finds no basis to

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reject Judge Foley’s findings, and will therefore adopt his recommendation.

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IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 23)
be ACCEPTED and ADOPTED in full.
IT IS FURTHER ORDERED that the Motion to Remand (ECF No. 19) is
DENIED.
IT IS FURTHER ORDERED that the Cross-motion to Affirm (ECF No. 22) is
GRANTED. The Clerk shall enter judgment accordingly.

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DATED this 13th day of January, 2014.

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_________________________
Gloria M. Navarro
United States District Judge

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