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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 MARGARET LOUISE SIMPSON, 5 6 7 8 Plaintiff, v. CAROLYN W. COLVIN, Defendant. 9 10 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 11 recommending that plaintiff Margaret Louise Simpson’s motion to remand to the Social Security 12 Administration be granted and that the defendant’s motion to affirm be denied. ECF No. 28. 13 No one filed an objection. Thus, I am not obligated to conduct a de novo review of the 14 report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo 15 determination of those portions of the report or specified proposed findings to which objection is 16 made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the 17 district judge must review the magistrate judge’s findings and recommendations de novo if 18 objection is made, but not otherwise” (emphasis in original)). 19 IT IS THEREFORE ORDERED that Magistrate Judge Foley’s report and 20 recommendation (ECF No. 28) is accepted, defendant’s motion to affirm (ECF No. 25) is 21 DENIED, plaintiff’s motion to remand (ECF No. 15) is GRANTED, and this matter is 22 remanded to the Social Security Administration for further proceedings consistent with 23 Magistrate Judge Foley’s report and recommendation. 24 DATED this 5th day of January, 2018. 25 26 27 28 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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