Simpson v. Colvin

Filing 29

ORDER that Magistrate Judge Foley's 28 Report and Recommendation is Accepted. Defendant's 25 Motion to Affirm is Denied. Plaintiff's 15 Motion to Remand to Social Security Administration for further proceedings consistent with Magistrate Judge Foley's report and recommendation is Granted. Signed by Judge Andrew P. Gordon on 1/5/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MARGARET LOUISE SIMPSON,

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Plaintiff,
v.
CAROLYN W. COLVIN,
Defendant.

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Case No. 2:16-CV-01074-APG-GWF
ORDER ACCEPTING REPORT AND
RECOMMENDATION, DENYING
MOTION TO AFFIRM, AND
GRANTING MOTION TO REMAND
(ECF Nos. 15, 25, 28)

On December 12, 2017, Magistrate Judge Foley entered a report and recommendation

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recommending that plaintiff Margaret Louise Simpson’s motion to remand to the Social Security

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Administration be granted and that the defendant’s motion to affirm be denied. ECF No. 28.

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No one filed an objection. Thus, I am not obligated to conduct a de novo review of the

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report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo

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determination of those portions of the report or specified proposed findings to which objection is

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made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the

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district judge must review the magistrate judge’s findings and recommendations de novo if

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objection is made, but not otherwise” (emphasis in original)).

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IT IS THEREFORE ORDERED that Magistrate Judge Foley’s report and

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recommendation (ECF No. 28) is accepted, defendant’s motion to affirm (ECF No. 25) is

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DENIED, plaintiff’s motion to remand (ECF No. 15) is GRANTED, and this matter is

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remanded to the Social Security Administration for further proceedings consistent with

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Magistrate Judge Foley’s report and recommendation.

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DATED this 5th day of January, 2018.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE