Briggs v. Saul

Filing 49

ORDER Adopting 48 Report and Recommendation and Granting Plaintiff's 42 Motion to Remand and Denying 43 Countermotion to Affirm the Agency Decision. This matter is REMANDED to the Social Security Administration for further proceedings. The clerk of court is instructed to close this case. Signed by Judge Andrew P. Gordon on 1/6/2021. (Copies have been distributed pursuant to the NEF - DRS)

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Case 2:19-cv-01094-APG-NJK Document 49 Filed 01/06/21 Page 1 of 1 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 SHELENE IRENE BRIGGS, 4 Plaintiff 5 v. Case No.: 2:19-cv-01094-APG-NJK Order Accepting Report and Recommendation and Remanding This Case 6 ANDREW M. SAUL, 7 8 [ECF Nos. 42, 43, 48] Defendant On December 18, 2020, Magistrate Judge Koppe recommended that I grant plaintiff 9 Shelene Briggs’ motion to remand, deny the Commissioner’s motion to affirm, and remand this 10 action to the Administrative Law Judge for further proceedings. ECF No. 48. No one filed an 11 objection. Thus, I am not obligated to conduct a de novo review of the report and 12 recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo 13 determination of those portions of the report or specified proposed findings to which objection is 14 made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the 15 district judge must review the magistrate judge’s findings and recommendations de novo if 16 objection is made, but not otherwise” (emphasis in original)). 17 I THEREFORE ORDER that Magistrate Judge Koppe’s report and recommendation 18 (ECF No. 48) is accepted, plaintiff Shelene Briggs’ motion to remand (ECF No. 42) is 19 GRANTED, and the Commissioner’s motion to affirm (ECF No. 43) is DENIED. This matter 20 is REMANDED to the Social Security Administration for further proceedings. The clerk of 21 court is instructed to close this case. 22 DATED this 6th day of January, 2021. 23 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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