Heye-Ryberg v. Berryhill

Filing 23

ORDER. IT IS ORDERED that 22 Judge Ferenbach's report and recommendation is ACCEPTED, 19 plaintiff Karen Heye-Ryberg's motion for summary judgment is DENIED, and 20 defendant Nancy Berryhill's motion to affirm is GRANTED. The clerk of court is instructed to enter judgment in favor of the defendant and against the plaintiff. Signed by Judge Andrew P. Gordon on 11/9/2018. (Copies have been distributed pursuant to the NEF - MR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 KAREN L. HEYE-RYBERG,
4

Plaintiff

Case No.: 2:17-cv-02510-APG-VCF
Order Accepting Report and
Recommendation

5 v.
[ECF Nos. 22]
6 NANCY A. BERRYHILL,
7
8

Defendant
On October 23, 2018, Magistrate Judge Ferenbach recommended I deny plaintiff Karen

9 Heye-Ryberg’s motion for summary judgment and grant the defendant’s motion to affirm. ECF
10 No. 22. Heye-Ryberg did not file an objection. Thus, I am not obligated to conduct a de novo
11 review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to
12 “make a de novo determination of those portions of the report or specified proposed findings to
13 which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)
14 (en banc) (“the district judge must review the magistrate judge’s findings and recommendations
15 de novo if objection is made, but not otherwise” (emphasis in original)).
16

IT IS THEREFORE ORDERED that Judge Ferenbach’s report and recommendation

17 (ECF No. 22) is accepted, plaintiff Karen Heye-Ryberg’s motion for summary judgment (ECF
18 No. 19) is DENIED, and defendant Nancy Berryhill’s motion to affirm (ECF No. 20) is
19 GRANTED. The clerk of court is instructed to enter judgment in favor of the defendant and
20 against the plaintiff.
21

DATED this 9th day of November, 2018.

22
23

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE