Marks v. Commissioner of Social Security

Filing 19

ORDER that Judge Koppe's 18 Report and Recommendation is Accepted and Plaintiff's 13 Motion for Remand is Granted. Defendant's 15 Motion to Affirm is Denied. This case is Remanded to the administrative law judge for further proceedings consistent with this order and with Judge Koppe's report and recommendation. Signed by Judge Andrew P. Gordon on 2/2/2018. (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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DAVID T. MARKS,

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Case No. 2:16-cv-03034-APG-NJK
Plaintiff,

v.
NANCY A. BERRYHILL, ACTING
COMMISSIONER OF SOCIAL SECURITY.,

ORDER ON REPORT AND
RECOMMENDATION
(ECF. NOS. 13, 15, 18)

Defendant.

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On January 7, 2018, Magistrate Judge Koppe entered a report and recommendation that I

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remand this case to the administrative law judge. No party filed an objection. Thus, I am not

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obligated to conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1)

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(requiring district courts to “make a de novo determination of those portions of the report or

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specified proposed findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d

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1114, 1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s

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findings and recommendations de novo if objection is made, but not otherwise” (emphasis in

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original)).

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IT IS THEREFORE ORDERED that Judge Koppe’s report and recommendation (ECF

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No. 18) is accepted, the plaintiff’s motion for remand (ECF No. 13) is GRANTED, and the

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defendant’s motion to affirm (ECF No. 15) is DENIED. This case is REMANDED to the

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administrative law judge for further proceedings consistent with this order and with Judge

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Koppe’s report and recommendation.

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DATED this 2nd day of February, 2018.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE