Viernes v. Colvin

Filing 26

ORDER Accepting and Adopting in full 24 Report and Recommendation. FURTHER ORDERED that 12 Motion to Remand to Agency is DENIED. FURTHER ORDERED that 16 Cross-Motion to Affirm is GRANTED. The Clerk of Court shall enter judgment accordingly and close the case. Signed by Chief Judge Gloria M. Navarro on 12/22/16. (Copies have been distributed pursuant to the NEF - MMM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4
5
6
7

TERENCE RADFORD VIERNES,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

8

Defendant.

9

)
)
)
)
)
)
)
)
)
)

Case No.: 2:14-cv-1541-GMN-PAL
ORDER

10
11
12
13

Pending before the Court is the Report and Recommendation of United States
Magistrate Judge Peggy A. Leen (ECF No. 24), entered on November 30, 2016.
A party may file specific written objections to the findings and recommendations of a

14

United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B);

15

D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo

16

determination of those portions to which objections are made. Id. The Court may accept, reject,

17

or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge.

18

28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is

19

not required to conduct “any review at all . . . of any issue that is not the subject of an

20

objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized

21

that a district court is not required to review a magistrate judge’s report and recommendation

22

where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114,

23

1122 (9th Cir. 2003).

24

Here, no objections were filed, and the deadline to do so has passed.

25

Accordingly,

Page 1 of 2

1
2
3
4
5
6
7

IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 24) is
ACCEPTED and ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiff Terence Radford Viernes’ Motion to
Remand (ECF No. 12) is DENIED.
IT IS FURTHER ORDERED that Defendant Acting Commissioner Carolyn W.
Colvin’s Cross-Motion to Affirm (ECF No. 16) is GRANTED.
The Clerk of Court shall enter judgment accordingly and close the case.

8
9

DATED this ___ day of December, 2016.
22

10
11
12

___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

13
14
15
16
17
18
19
20
21
22
23
24
25

Page 2 of 2