Eckerson v. Berryhill

Filing 18

ORDER. IT IS HEREBY ORDERED that 17 the Report and Recommendation is ADOPTED in full. IT SI FURTHER ORDERED that 13 Plaintiff's Motion for Reversal and/or Remand is DENIED, and 14 the Commissioner's Cross-motion to Affirm is GRAN TED; the underlying decision is AFFIRMED. IT IS FURTHER ORDERED that the Clerk of Court is directed to ENTER JUDGMENT ACCORDINGLY and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 2/14/2019. (Copies have been distributed pursuant to the NEF - ADR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 James J. Eckerson, 4 5 Case No.: 2:17-cv-01384-JAD-CWH Plaintiff Order Adopting Report & Recommendation v. 6 Nancy A. Berryhill, Acting Commissioner of 7 Social Security Administration, [ECF Nos. 13, 14, 17] Defendant 8 9 Plaintiff James J. Eckerson brought this action for the court to review the Commissioner 10 11 of Social Security’s denial of his application for disability-insurance benefits under Title II of the 1 12 Social Security Act. Having considered Eckerson’s motion to remand and the Commissioner’s 2 13 cross-motion to affirm, the magistrate judge recommends that I deny the motion to remand and 3 14 grant the Commissioner’s cross-motion. “[N]o review is required of a magistrate judge’s report 4 15 and recommendation unless objections are filed,” and no party has filed an objection by the 16 February 13, 2019, deadline. Accordingly, 17 IT IS HEREBY ORDERED THAT: 18 The Report and Recommendation [ECF No. 17] is ADOPTED in full; 19 Plaintiff’s Motion for Reversal and/or Remand [ECF No. 13] is DENIED, and the 20 Commissioner’s Cross-motion to Affirm [ECF No. 14] is GRANTED; the underlying 21 decision is AFFIRMED; 22 23 1 ECF No. 13. 2 ECF No. 14. 3 ECF No. 17. 24 25 26 27 4 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). 28 1 1 The Clerk of Court is directed to ENTER JUDGMENT ACCORDINGLY and CLOSE 2 THIS CASE. 3 Dated: February 14, 2019 4 ___________________ _ __ _ _ _ _________________________________ ict Judge Jennifer A. D Ju g fe U.S. District Judge Jennifer A. Dorsey 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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