Lutter v. Commissioner of Social Security

Filing 28

ORDER - The court hereby ADOPTS AND ACCEPTS the report and recommendation of the United States Magistrate Judge (ECF No. 27 ). Accordingly, the plaintiff's motion for remand (ECF No. 16 ) is DENIED, and the defendant's cross-motion to affirm (ECF No. 21 ) is GRANTED. The clerk of the court is directed to enter judgment accordingly. Signed by Judge Howard D. McKibben on 9/18/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 DANIEL J. LUTTER, ) ) Plaintiff, ) ) vs. ) ) NANCY A. BERRYHILL, Acting ) Commissioner of Social Security, ) ) Defendant. ) _________________________________ ) 17 3:17-cv-00260-HDM-VPC ORDER Plaintiff has filed a motion for reversal and/or remand of the 18 defendant’s denial of his claim for social security disability 19 benefits (ECF No. 16). 20 affirm (ECF No. 21). 21 issued her report and recommendation recommending that the court 22 deny the plaintiff’s motion and grant the defendant’s cross-motion, 23 and affirm the defendant’s denial of plaintiff’s claim. (ECF No. 24 27). 25 filed, and the time for doing so has expired. 26 The defendant has filed a cross-motion to On August 9, 2017, the magistrate judge No objections to the report and recommendation have been The court has considered the pleadings and memoranda of the 27 parties and other relevant matters of record and has made a review 28 and determination in accordance with the requirements of 28 U.S.C. 1 1 § 636 and applicable case law, and good cause appearing, the court 2 hereby ADOPTS AND ACCEPTS the report and recommendation of the 3 United States Magistrate Judge (ECF No. 27). 4 Accordingly, the plaintiff’s motion for remand (ECF No. 16) is 5 DENIED, and the defendant’s cross-motion to affirm (ECF No. 21) is 6 GRANTED. The clerk of the court is directed to enter judgment 7 accordingly. 8 IT IS SO ORDERED. 9 DATED: This 18th day of September, 2017. 10 11 ____________________________ UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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