Fisk v. Colvin

Filing 20

ORDER Accepting and Adopting 19 Report and Recommendation; Denying 17 Fisk's Motion for Reversal and Remand; Granting 18 the Commissioner's Cross-Motion to Affirm; and Fisk's claims are DISMISSED. The Clerk shall enter judgment accordingly and close the case. Signed by Judge Jennifer A. Dorsey on 5/16/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Gary A. Fisk, 5 Case No.: 2:16-cv-00291-JAD-GWF Plaintiff 6 v. 7 Order Adopting Report and Recommendation, Granting and Denying Motions, and Dismissing Case Carolyn W. Colvin, Acting Commissioner of Social Security, 8 [ECF Nos. 17, 18, 19] Defendant 9 10 Gary Fisk moves to reverse and remand the Commissioner of Social Security’s decision 11 12 denying his application for disability insurance benefits under Title II of the Social Security Act.1 13 The Commissioner filed a cross-motion to affirm.2 Magistrate Judge George Foley recommends that 14 Fisk’s motion be denied and the Commissioner’s cross-motion be granted.3 15 The report and recommendation was entered March 22, 2017, making April 5, 2017, the 16 deadline to file an objection. Fisk has not filed any objection to the report and recommendation. 17 “[N]o review is required of a magistrate judge’s report and recommendation unless objections are 18 filed.”4 Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED 19 20 that Judge Foley’s report and recommendation [ECF No. 19] is ACCEPTED and ADOPTED; 21 Fisk’s motion for reversal and remand [ECF No. 17] is DENIED; the Commissioner’s cross-motion 22 to affirm [ECF No. 18] is GRANTED; and Fisk’s claims are DISMISSED. The Clerk of Court is 23 1 ECF No. 17. 2 ECF No. 18. 3 ECF No. 19. 24 25 26 4 27 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 28 Page 1 of 2 1 2 directed to enter judgment accordingly and CLOSE THIS CASE. DATED May 16, 2017. 3 4 5 _________________________________ Jennifer A. Dorsey United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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