Chaplin v. Commissioner of Social Security

Filing 31

ORDER that 30 Report and Recommendation is accepted. Plaintiff John Chaplin's motion for reversal and/or remand (ECF No. 24 ) is DENIED and defendant Nancy Berryhill's motion to affirm (ECF No. 27 ) is GRANTED. FURTHER ORDERED that the clerk of court shall enter judgment in favor of defendant Nancy Berryhill and against plaintiff John Chaplin. Signed by Judge Andrew P. Gordon on 7/3/2018. (Copies have been distributed pursuant to the NEF - MMM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 JOHN H. CHAPLIN,
4

Case No.: 2:17-cv-01686-APG-NJK

Plaintiff

Order Accepting Report and
Recommendation, Denying Motion for
Remand, and Granting Motion to Affirm

6 NANCY A. BERRYHILL,

[ECF Nos. 24, 27, 30]

5 v.

7
8

Defendant
On May 22, 2018, Magistrate Judge Koppe issued a report and recommendation that I

9 deny plaintiff John Chaplin’s motion for reversal or remand and grant defendant Nancy
10 Berryhill’s motion to affirm. Chaplin did not file an objection. Thus, I am not obligated to
11 conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring
12 district courts to “make a de novo determination of those portions of the report or specified
13 proposed findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114,
14 1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings
15 and recommendations de novo if objection is made, but not otherwise” (emphasis in original)).
16

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

17 No. 30) is accepted. Plaintiff John Chaplin’s motion for reversal and/or remand (ECF No. 24)
18 is DENIED and defendant Nancy Berryhill’s motion to affirm (ECF No. 27) is GRANTED.
19

IT IS FURTHER ORDERED that the clerk of court shall enter judgment in favor of

20 defendant Nancy Berryhill and against plaintiff John Chaplin.
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DATED this 3rd day of July, 2018.

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23

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE