Ikhiede v. Colvin

Filing 16

ORDER. IT IS HEREBY ORDERED that 15 Magistrate Judge Hoffman's report and recommendation is ACCEPTED and ADOPTED. Ikhiede's motion to remand 9 is DENIED and 14 the government's cross motion to affirm is GRANTED. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 11/16/2017. (Copies have been distributed pursuant to the NEF - ADR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Chandrawattie Ikhiede, 2:16-cv-02283-JAD-CWH 5 Plaintiff Order Adopting Report and Recommendation 6 v. 7 Nancy A. Berryhill,1 Acting Commissioner of Social Security Administration, 8 [ECF Nos. 9, 14, 15] Defendant 9 10 When plaintiff Chandrawattie Ikhiede was denied Social Security Disability Insurance 11 and Supplemental Social Security benefits three times—twice by the Social Security 12 Administration (SSA) and once by an administrative law judge (ALJ)—and the SSA Appeals 13 Council denied review of the ALJ’s decision, she filed this appeal. Ilkhiede moved for an order 14 reversing the ALJ’s decision or, alternatively, remanding the case back to the ALJ.2 The 15 government filed a cross motion for summary judgment and opposed Ilkhiede’s motion to 16 reverse or remand.3 17 After reviewing both parties’ motions, Magistrate Judge Hoffman recommends that I 18 deny Ilhiede’s motion, grant the government’s cross motion, and affirm the ALJ’s decision.4 19 Judge Hoffman issued his recommendation on October 16, 2017, making October 30, 2017, the 20 deadline to file objections. That deadline has passed, and no one has objected. “[N]o review is 21 22 1 23 24 25 Nancy A. Berryhill is now the Acting Commissioner of Social Security, and under Rule 25(d) of the Federal Rules of Civil Procedure, she has been substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. See Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) (2012). 2 ECF No. 9. 3 ECF No. 14. 4 ECF No. 15. 26 27 28 1 required of a magistrate judge’s report and recommendation unless objections are filed.”5 2 Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED that 3 Magistrate Judge Hoffman’s report and recommendation [ECF No. 15] is ACCEPTED and 4 ADOPTED. Ikhiede’s motion to remand [ECF No. 9] is DENIED and the government’s cross 5 motion to affirm [ECF No. 14] is GRANTED. The Clerk of Court is directed to ENTER 6 JUDGMENT accordingly and CLOSE THIS CASE. 7 DATED: November 16, 2017. 8 _______________________________ _____________________ _ __________ _ __ Jennifer A. Dorsey ennifer A. Dorsey ni ni o y United States District Judg ed States District Judge d ta ric u i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 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. Reyn-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 2

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