Wireman, Jr. v. Berryhill

Filing 31

ORDER. IT IS ORDERED that 29 Magistrate Judge Baldwin's report and recommendation is accepted, 20 plaintiff Thomas P. Wireman, Jr.'s motion to remand is DENIED, and 23 the defendant's motion to affirm is GRANTED. The clerk of court is instructed to enter judgment accordingly and to close this case. Signed by Judge Andrew P. Gordon on 2/18/2020. (Copies have been distributed pursuant to the NEF - ADR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 THOMAS P. WIREMAN, JR.,
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Case No.: 2:18-cv-00038-APG-CLB

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.

7
8

Defendant
On January 30, 2020, Magistrate Judge Baldwin recommended that I deny plaintiff

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

I THEREFORE ORDER that Magistrate Judge Baldwin’s report and recommendation

17 (ECF No. 29) is accepted, plaintiff Thomas P. Wireman, Jr.’s motion to remand (ECF No. 20)
18 is DENIED, and the defendant’s motion to affirm (ECF No. 23) is GRANTED. The clerk of
19 court is instructed to enter judgment accordingly and to close this case.
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DATED this 18th day of February, 2020.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE