Gray v. Commissioner of Social Security

Filing 27

ORDER denying 17 Motion to Remand ; ORDER granting 24 Countermotion to Affirm the Agency Decision; ORDER accepting and adopting 26 Report and Recommendation; Clerk is directed to enter Judgment and close case. Signed by Judge Jennifer A. Dorsey on 7/17/2018. (Copies have been distributed pursuant to the NEF - JM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Donna L. Gray, 5 Plaintiff 6 Order Adopting Report and Recommendation, Denying Motion for Reversal or Remand, and Granting Cross Motion to Affirm v. 7 Case No.: 2:17-cv-02307-JAD-NJK Nancy A. Berryhill, [ECF Nos. 17, 24, 26] Defendant 8 9 Plaintiff Donna Gray appeals the Social Security Commissioner’s decision to deny her 10 application for disability benefits. 1 She has a motion pending to reverse and remand that 11 decision, and the Commissioner countermoves to affirm it. 2 After reviewing the 12 Commissioner’s decision for clear error and substantial evidentiary support, Magistrate Judge 13 Koppe recommends that I deny Gray’s motion and grant the Commissioner’s. 3 14 Judge Koppe issued her recommendation on June 20, 2018, making July 4, 2018, the 15 deadline to file objections. That deadline is two-weeks expired, and neither party has filed an 16 objection. “[N]o review is required of a magistrate judge’s report and recommendation unless 17 objections are filed.” 4 Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Koppe’s 18 report and recommendation [ECF No. 26] is ACCEPTED and ADOPTED. Gray’s motion to 19 reverse and remand [ECF No. 17] is DENIED, and the Commissioner’s countermotion to affirm 20 [ECF No. 24] is GRANTED. 21 . . . 22 23 24 1 ECF No. 5. 25 2 ECF Nos. 17, 24. 26 3 ECF No. 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: July 17, 2018 ____________________ _ __ __________ _ _______________________________ S. District Judge Jennifer c d J n U.S. District Judge Jennifer A. Dorsey 4 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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