Yager v. Colvin

Filing 24

ORDER that 23 Report and Recommendation is ACCEPTED and ADOPTED in full.FURTHER ORDERED that 14 Plaintiff Robin Rose Peterson Yager's Motion to Modify, Reverse, or Remand is DENIED.FURTHER ORDERED that 18 the Commissioner's Cr oss-Motion to Affirm is GRANTED.FURTHER ORDERED that the Clerk's Office shall enter judgment accordingly and close this case. Signed by Chief Judge Gloria M. Navarro on 4/10/2018. (Copies have been distributed pursuant to the NEF - MMM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ROBIN ROSE PETERSON YAGER, 4 Plaintiff, 5 6 vs. CAROLYN W. COLVIN, 7 Defendant. 8 9 ) ) ) ) ) ) ) ) Case No.: 2:16-cv-00051-GMN-VCF ORDER Pending before the Court is the Report and Recommendation of United States 10 Magistrate Judge Cam Ferenbach, (ECF No. 23), which recommends that Plaintiff Robin Rose 11 Peterson Yager’s Motion to Modify, Reverse, or Remand be denied and that the 12 Commissioner’s Cross-Motion to Affirm be granted. 13 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 /// 25 /// Page 1 of 2 1 Here, no objections were filed, and the deadline to do so has passed. 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 23), is 4 5 6 7 8 9 10 ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED that Plaintiff Robin Rose Peterson Yager’s Motion to Modify, Reverse, or Remand, (ECF No. 14), is DENIED. IT IS FURTHER ORDERED that the Commissioner’s Cross-Motion to Affirm, (ECF No. 18), is GRANTED. IT IS FURTHER ORDERED that the Clerk’s Office shall enter judgment accordingly and close this case. 11 12 10 DATED this ________ day of April, 2018. 13 14 15 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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