Gray v. Social Security Administation

Filing 32

ORDER that 31 Report and Recommendation is ACCEPTED AND ADOPTED in full. IT IS FURTHER ORDERED that 26 Plaintiff's Motion for Reversal is DENIED. IT IS FURTHER ORDERED that 27 Defendant's Motion to Affirm is GRANTED. The Clerk shall enter judgment accordingly and close the case. Signed by Chief Judge Gloria M. Navarro on 11/12/14. (Copies have been distributed pursuant to the NEF - TR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MELVIN C. GRAY, 4 5 6 Plaintiff, vs. SOCIAL SECURITY ADMINISTRATION, 7 8 Defendant. ) ) ) ) ) ) ) ) ) Case No.: 2:14-cv-0232-GMN-VCF ORDER 9 10 Pending before the Court is the Report and Recommendation of United States 11 Magistrate Judge Cam Ferenbach, (ECF No. 31), which states that Plaintiff Melvin C. Gray’s 12 Motion for Reversal, (ECF No. 26), should be denied and Defendant’s Motion to Affirm, (ECF 13 No. 27), 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. Accordingly, Page 1 of 2 1 2 3 4 5 6 7 IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 31) is ACCEPTED AND ADOPTED in full. IT IS FURTHER ORDERED that Plaintiff’s Motion for Reversal (ECF No. 26) is DENIED. IT IS FURTHER ORDERED that Defendant’s Motion to Affirm (ECF No. 27) is GRANTED. The Clerk shall enter judgment accordingly and close the case. DATED this 12th day of November, 2014. 8 9 10 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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