Nikitas v. Colvin

Filing 30

ORDER Adopting in full 29 Report and Recommendation. Denying 13 Motion to Remand. Granting 25 Motion to Affirm. Signed by Chief Judge Gloria M. Navarro on 10/6/2014. (Copies have been distributed pursuant to the NEF - SLR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Joanne C. Nikitas, 4 5 6 Plaintiff, vs. Carolyn W. Colvin, 7 8 Defendant. ) ) ) ) ) ) ) ) ) Case No.: 2:13-cv-0272-GMN-CWH ORDER 9 10 Pending before the Court is the Report and Recommendation of United States 11 Magistrate Judge Carl W. Hoffman, (ECF No. 29), which states that Plaintiff Joanne C. 12 Nikitas’ Motion for Reversal or Remand, (ECF No. 13), should be denied and Defendant 13 Carolyn Colvin’s Motion to Affirm, (ECF No. 25), should be granted. 14 A party may file specific written objections to the findings and recommendations of a 15 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 16 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 17 determination of those portions to which objections are made. Id. The Court may accept, reject, 18 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 19 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 20 not required to conduct “any review at all . . . of any issue that is not the subject of an 21 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 22 that a district court is not required to review a magistrate judge’s report and recommendation 23 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 24 1122 (9th Cir. 2003). 25 Here, no objections were filed, and the deadline to do so has passed. Page 1 of 2 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 29), is 3 4 5 6 7 8 ADOPTED in full. IT IS FURTHER ORDERED that the Motion for Reversal or Remand, (ECF No. 13), 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. DATED this 6th day of October, 2014. 9 10 11 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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