Channey v. Berryhill

Filing 27

ORDER. IT IS HEREBY ORDERED that 24 the Report and Recommendation is ADOPTED in full. IT IS FURTHER ORDERED that 22 Plaintiff's Motion to Remand is DENIED and 23 Defendant's Motion to Affirm is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall enter a final judgment in favor of Defendant, and against Plaintiff. The Clerk of Court is instructed to close the case. Signed by Judge Richard F. Boulware, II on 10/25/2018. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7
MARCUS K. CHANNEY, o.b.o. K.M.C.,

Case No. 2:17-cv-01828-RFB-NJK

8
Plaintiff,
9
v.

ORDER ADOPTING REPORT &
RECOMMENDATION OF MAGISTRATE
JUDGE NANCY J. KOPPE

10
11

NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,

12
Defendant.
13
14
15

I.

Before the Court for consideration is the Report and Recommendation of the Honorable

16
17
18
19

INTRODUCTION

Nancy J. Koppe, United States Magistrate Judge, entered March 26, 2018. ECF No. 24. Plaintiff
objected on April 5, 2018. ECF No. 25. Defendant responded on April 12, 2018. ECF No. 26.
For the reasons discussed below, the Report and Recommendation is adopted in full.

20
21

II.

Neither party objected to the Magistrate Judge’s summary of the background facts, and so

22
23
24

BACKGROUND

the Court incorporates and adopts, without restating, that “background” section here. See Report
& Recommendation 4:12–5:10, ECF No. 24.

25
26
27
28

III.

LEGAL STANDARD
A district court “may accept, reject, or modify, in whole or in part, the findings or

recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific

1
2

written objections to the findings and recommendations of a magistrate judge.

28 U.S.C.

§ 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is

3

required to “make a de novo determination of those portions of the report or specified proposed

4

findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local

5

Rule IB 3-2(b).

6
7

IV.

8
9
10
11

In his objection, Plaintiff argues that the Magistrate Judge erred in finding that the ALJ’s
determinations were supported by substantial evidence. Specifically, Plaintiff challenges only the
ALJ’s determinations in two out of the six domains at step three of the disability analysis for
minors: (1) acquiring and using information and (2) attending and completing tasks.

12
13
14
15
16
17
18
19
20
21

DISCUSSION

Plaintiff does not identify any legal errors committed by the ALJ in his analysis in either
domain, nor does Plaintiff argue that the ALJ failed to consider or mischaracterized any evidence.
Rather, Plaintiff vaguely argues that the ALJ provided inadequate analysis. However, the ALJ
discussed substantial evidence in the record to support his conclusions that Plaintiff had less than
marked limitations in acquiring and using information and in attending and completing tasks. The
ALJ supported his conclusions with the opinions of two State agency psychological consultants, a
psychiatrist’s assessment, and Plaintiff’s performance at the hearing, among other evidence. AR
33–35. The ALJ did not find that Plaintiff had no limitations in these domains, but simply found
that the limitations supported by the record were neither marked nor extreme. Plaintiff fails to
show that the ALJ erred.

22
23
24
25
26
27

V.

CONCLUSION
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 24) is

ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Remand (ECF No. 22) is
DENIED and Defendant’s Motion to Affirm (ECF No. 23) is GRANTED.

28

-2-

1
2

IT IS FURTHER ORDERED that the Clerk of the Court shall enter a final judgment in
favor of Defendant, and against Plaintiff. The Clerk of Court is instructed to close the case.

3
4

DATED this 25th day of October, 2018.

5

___________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-