Derocher v. Berryhill

Filing 27

ORDER. I ORDER that 25 Magistrate Judge Cobb's report and recommendation is accepted, plaintiff Darlene Derocher's 20 motion to remand is GRANTED, and the defendant's 21 motion to affirm is DENIED. This action is remanded to th e administrative law judge for a finding of disability and calculation and award of benefits consistent with the report and recommendation and this order. Signed by Judge Andrew P. Gordon on 2/19/2020. (Copies have been distributed pursuant to the NEF - JQC) Modified on 2/20/2020 to correct date signed by Judge (DKJ).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 DARLENE DEROCHER,
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Case No.: 2:17-cv-02401-APG-WGC

Plaintiff

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

6 NANCY A. BERRYHILL,

[ECF Nos. 20, 23, 29]

5 v.

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Defendant
On January 31, 2020, Magistrate Judge Cobb recommended that I grant plaintiff Darlene

9 Derocher’s motion to remand for a finding of disability and calculation and award of benefits
10 and deny defendant’s motion to affirm. ECF No. 29. The defendant did not file an objection.
11 Thus, I am not obligated to conduct a de novo review of the report and recommendation. 28
12 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo determination of those portions
13 of the report or specified proposed findings to which objection is made”); United States v.
14 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the district judge must review the
15 magistrate judge’s findings and recommendations de novo if objection is made, but not
16 otherwise” (emphasis in original)).
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I THEREFORE ORDER that Magistrate Judge Cobb’s report and recommendation (ECF

18 No. 25) is accepted, plaintiff Darlene Derocher’s motion to remand (ECF No. 20) is
19 GRANTED, and the defendant’s motion to affirm (ECF No. 21) is DENIED. This action is
20 remanded to the administrative law judge for a finding of disability and calculation and award of
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1 benefits consistent with the report and recommendation and this order. The clerk of court is
2 instructed to close this case.
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DATED this 19th day of February, 2020.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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