Green v. Berryhill

Filing 39

ORDER that Magistrate Judge Koppe's 38 Report and Recommendation is accepted, the Plaintiff's 16 Motion to Remand is GRANTED, and the Defendant's 19 Motion to Affirm is DENIED. This action is REMANDED to the administrative law judge for further proceedings. The clerk of court is instructed to close this case. Signed by Judge Andrew P. Gordon on 9/6/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 DEANDRE GREEN,
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Case No.: 2:17-cv-01339-APG-NJK

Plaintiff

Order Accepting Report and
Recommendation and Remanding for
Further Proceedings

6 NANCY A. BERRYHILL,

[ECF Nos. 16, 19, 38]

5 v.

7
8

Defendant
On August 20, 2018, Magistrate Judge Koppe recommended that the plaintiff’s motion

9 for reversal or remand be granted, that the defendant’s motion to affirm be denied, and that I
10 remand this case to the administrative law judge for further proceedings. ECF No. 38. The
11 defendant did not object. Thus, I am not obligated to conduct a de novo review of the report and
12 recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo
13 determination of those portions of the report or specified proposed findings to which objection is
14 made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the
15 district judge must review the magistrate judge’s findings and recommendations de novo if
16 objection is made, but not otherwise” (emphasis in original)).
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IT IS THEREFORE ORDERED that Magistrate Judge Koppe’s report and

18 recommendation (ECF No. 38) is accepted, the plaintiff’s motion to remand (ECF No. 16) is
19 GRANTED, and the defendant’s motion to affirm (ECF No. 19) is DENIED. This action is
20 REMANDED to the administrative law judge for further proceedings. The clerk of court is
21 instructed to close this case.
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DATED this 6th day of September, 2018.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE