Albanese v. Social Security Commissioner

Filing 29

ORDER. IT IS HEREBY ORDERED that 27 Magistrate Judge Ferenbach's report and recommendation is ACCEPTED and ADOPTED; 21 Albanese's motion for summary judgment is GRANTED; 22 the Commissioner's cross-motion to affirm is DENIED; an d this matter is REMANDED back to the administrative law judge for further proceedings consistent with the Report and Recommendation. The Clerk of Court is directed to enter judgment accordingly and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 6/28/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Gail Albanese,

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Case No.: 2:16-cv-02350-JAD-VCF

Plaintiff

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v.

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Order Adopting Report and
Recommendation, Granting and
Denying Motions, and
Dismissing Case

Nancy A. Berryhill, Acting
Commissioner of Social Security,

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[ECF Nos. 21, 22, 27]
Defendant

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Gail Albanese appeals from the Commissioner’s final decision denying Albanese disability

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insurance benefits. Albanese moved for reversal by summary judgment,1 and the Commissioner

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cross-moved to affirm.2 Magistrate Judge Cam Ferenbach recommends that Albanese’s motion be

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granted, the Commissioner’s cross-motion be denied, and this case be remanded to the

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administrative law judge for further proceedings.3
The report and recommendation was entered June 12, 2017, making June 26, 2017, the

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deadline to file an objection. No party has filed an objection to the report and recommendation.

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“[N]o review is required of a magistrate judge’s report and recommendation unless objections are

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filed.”4
Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED

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that Magistrate Judge Ferenbach’s report and recommendation [ECF No. 27] is ACCEPTED and

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ADOPTED; Albanese’s motion for summary judgment [ECF No. 21] is GRANTED; the

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ECF No. 21.

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ECF No. 22.

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ECF No. 27.

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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).

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Commissioner’s cross-motion to affirm [ECF No. 22] is DENIED; and this matter is REMANDED

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back to the administrative law judge for further proceedings consistent with the Report and

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Recommendation. The Clerk of Court is directed to enter judgment accordingly and CLOSE THIS

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CASE.

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DATED June 28, 2017.

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_________________________________
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Jennifer A. Dorsey
er A. Dorsey
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United States District Judge
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Judge
dg

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