Smith v. Commissioner of Social Security

Filing 24

ORDER denying 20 Motion to Remand ; ORDER granting 21 Countermotion to Affirm the Agency Decision; ORDER adopting Report and Recommendations re 23 Report and Recommendation; Signed by Judge Andrew P. Gordon on 2/21/2019. (Copies have been distributed pursuant to the NEF - JM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 WILLIE SMITH,
4

Plaintiff

Case No.: 2:18-cv-00566-APG-NJK
Order Accepting Report and
Recommendation

5 v.
[ECF Nos. 20, 21, 23]
6 COMMISSIONER OF SOCIAL SECURITY,
7
8

Defendant
On January 31, 2019, Magistrate Judge Koppe recommended that I deny plaintiff Willie

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

IT IS THEREFORE ORDERED that Magistrate Judge Koppe’s report and

17 recommendation (ECF No. 23) is accepted, plaintiff Willie Smith’s motion to remand (ECF No.
18 20) is DENIED, and the Commissioner’s motion to affirm (ECF No. 21) is GRANTED. The
19 clerk of court is instructed to enter judgment in favor of the defendant and against the plaintiff.
20

DATED this 21st day of February, 2019.

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23

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE