Pogue v. Commissioner of Social Security

Filing 28

ORDER. IT IS ORDERED that Magistrate Judge Foley's 27 Report and Recommendation is accepted, the Plaintiff's 20 Motion for Reversal or Remand is DENIED, and the Defendant's 23 Motion to Affirm is GRANTED. Signed by Judge Andrew P. Gordon on 5/15/2019. (Copies have been distributed pursuant to the NEF - JQC)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 ROBIN P. POGUE,
4

Plaintiff

5 v.

Case No.: 2:17-cv-00251-APG-GWF
Order Accepting Report and
Recommendation, Denying Motion to
Reverse or Remand, and Granting Motion
to Affirm

6 COMMISSIONER OF SOCIAL SECURITY,
[ECF Nos. 20, 23, 27]
7
8

Defendant
On April 26, 2019, Magistrate Judge Foley recommended that I deny the plaintiff’s

9 motion to reverse or remand and grant the defendant’s motion to affirm. ECF No. 27. Plaintiff
10 Robin Pogue did not file an objection. Thus, I am not obligated to conduct a de novo review of
11 the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de
12 novo determination of those portions of the report or specified proposed findings to which
13 objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en
14 banc) (“the district judge must review the magistrate judge’s findings and recommendations de
15 novo if objection is made, but not otherwise” (emphasis in original)).
16

IT IS THEREFORE ORDERED that Magistrate Judge Foley’s report and

17 recommendation (ECF No. 27) is accepted, the plaintiff’s motion for reversal or remand (ECF
18 No. 20) is DENIED, and the defendant’s motion to affirm (ECF No. 23) is GRANTED. The
19 clerk of court is instructed to enter judgment in favor of the defendant and against the plaintiff.
20

DATED this 15th day of May, 2019.

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23

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE