Graves v. Colvin

Filing 35

ORDER Accepting and Adopting 34 Report and Recommendation. FURTHER ORDERED that 21 Motion for Reversal and/or Remand is GRANTED. FURTHER ORDERED that 26 Cross-Motion to Affirm is DENIED. Signed by Judge Richard F. Boulware, II on 5/23/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
Case No. 2:15-cv-00106-RFB-NJK

LOREN F. GRAVES,

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Plaintiff,

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vs.

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CAROLYN W. COLVIN,

ORDER

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Defendant.

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Before the Court for consideration is the Report and Recommendation (ECF No. 34) of the
Honorable Nancy J. Koppe, United States Magistrate Judge, entered March 29, 2016.
A district court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific
written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. §
636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is
required to “make a de novo determination of those portions of the report or specified proposed
findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local
Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct
“any review,” de novo or otherwise, of the report and recommendations of a magistrate judge.
Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due
by April 15, 2016. No objections have been filed. The Court has reviewed the record in this case
and concurs with the Magistrate Judge’s recommendation.

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IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 34) is
ACCEPTED and ADOPTED in full.
IT IS FURTHER ORDERED that (ECF No. 21) Plaintiff’s Motion for Reversal and/or
Remand is GRANTED.
IT IS FURTHER ORDERED that (ECF No.26) Defendant’s Cross-Motion to Affirm is
DENIED.
The Clerk of Court is directed to serve a copy of this Order upon Parties.

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DATED this 23rd day of May, 2016.
14th

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_____________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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