Miller v. Commissioner of Social Security

Filing 23

ORDER. IT IS ORDERED that 21 the magistrate judge's report and recommendation is ADOPTED in full; 18 Plaintiff's Motion for Reversal and/or Remand is DENIED; 19 the Commissioner's Cross-motion to Affirm is GRANTED; and the Clerk of Court is DIRECTED to ENTER JUDGMENT for the Defendant and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 11/16/2019. (Copies have been distributed pursuant to the NEF - ADR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

Robert J. Miller,

4

Case No. 2:17-cv-02613-JAD-BNW

Plaintiff
v.

5
Nancy A. Berryhill, Acting Commissioner of
6 Social Security,
7

Order Adopting Report and
Recommendation, Denying Motion for
Reversal and/or Remand, and Granting
Motion to Affirm

Defendant

[ECF Nos. 18, 19, 22]

8
9

Plaintiff Robert J. Miller brings this action for review of the Commissioner of Social

10 Security’s denial of his application for Social Security disability-insurance benefits. The
11 magistrate judge has reviewed his case and recommends that I deny Miller’s motion for reversal
12 and/or remand 1 and grant the Commissioner’s countermotion to affirm. 2 The deadline to
13 challenge that recommendation 3 passed without objection or any request to extend the deadline
14 to file one. “[N]o review is required of a magistrate judge’s report and recommendation unless
15 objections are filed.” 4 IT IS THEREFORE ORDERED that:
16

The magistrate judge’s report and recommendation [ECF No. 22] is ADOPTED

17

in full;

18

Plaintiff’s Motion for Reversal and/or Remand [ECF No. 18] is DENIED;

19

The Commissioner’s Cross-motion to Affirm [ECF No. 19] is GRANTED; and

20
21

23

ECF No. 18.

2

ECF No. 19.

3

22

1

ECF No. 22.

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).

1
2

The Clerk of Court is DIRECTED to ENTER JUDGMENT for the Defendant and
CLOSE THIS CASE.

3 Dated: November 16, 2019
4

_________________________________
_______________
__ _
__ _
U.S. District Judge Jennifer A. Dorsey
udge Jennifer A. D
g Je
r

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

2