Fenton v. Commissioner of Social Security

Filing 20

ORDER that 19 Report and Recommendation is ACCEPTED and ADOPTED in full. FURTHER ORDERED that 13 Motion for Reversal/Remand is DENIED. FURTHER ORDERED that 14 Cross-Motion to Affirm is GRANTED. Signed by Judge Richard F. Boulware, II on 4/16/2018. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 DOUGLAS R. FENTON, 10 11 12 13 14 Case No. 2:16-cv-002356-RFB-CWH Plaintiff, ORDER v. COMMISSIONER OF SOCIAL SECURITY, Defendant. 15 16 17 Before the Court for consideration is the Report and Recommendation [ECF No. 19] of the Honorable Carl W. Hoffman, United States Magistrate Judge, entered March 9, 2018. 18 A district court “may accept, reject, or modify, in whole or in part, the findings or 19 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific 20 written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 21 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is 22 required to “make a de novo determination of those portions of the report or specified proposed 23 findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local 24 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 25 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 26 Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due 27 by March 23, 2018. No objections have been filed. The Court has reviewed the record in this case 28 and concurs with the Magistrate Judge’s recommendations. 1 2 3 4 5 6 IT IS THEREFORE ORDERED that the Report and Recommendation [ECF No. 19] is ACCEPTED and ADOPTED in full. IT IS FURTHER ORDERED the Plaintiff’s motion for reversal/remand [ECF No. 13] is DENIED. IT IS FURTHER ORDERED that the Commissioner’s cross-motion to affirm [ECF No. 14] is GRANTED. 7 8 DATED: April 16, 2018. 9 _____________________________ RICHARD F. BOULWARE, II United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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