Green v. Berryhill, 2:17-cv-01339-APG-NJK. (2018)
Court: District Court, D. Nevada
Number: infdco20180910a22
Visitors: 23
Filed: Sep. 06, 2018
Latest Update: Sep. 06, 2018
Summary: Order Accepting Report and Recommendation and Remanding for Further Proceedings [ECF Nos. 16, 19, 38] ANDREW P. GORDON , District Judge . On August 20, 2018, Magistrate Judge Koppe recommended that the plaintiff's motion for reversal or remand be granted, that the defendant's motion to affirm be denied, and that I remand this case to the administrative law judge for further proceedings. ECF No. 38. The defendant did not object. Thus, I am not obligated to conduct a de novo review of the re
Summary: Order Accepting Report and Recommendation and Remanding for Further Proceedings [ECF Nos. 16, 19, 38] ANDREW P. GORDON , District Judge . On August 20, 2018, Magistrate Judge Koppe recommended that the plaintiff's motion for reversal or remand be granted, that the defendant's motion to affirm be denied, and that I remand this case to the administrative law judge for further proceedings. ECF No. 38. The defendant did not object. Thus, I am not obligated to conduct a de novo review of the rep..
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Order Accepting Report and Recommendation and Remanding for Further Proceedings
[ECF Nos. 16, 19, 38]
ANDREW P. GORDON, District Judge.
On August 20, 2018, Magistrate Judge Koppe recommended that the plaintiff's motion for reversal or remand be granted, that the defendant's motion to affirm be denied, and that I remand this case to the administrative law judge for further proceedings. ECF No. 38. The defendant did not object. Thus, I am not obligated to conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to "make a de novo determination of those portions of the report or specified proposed findings to which objection is made"); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)).
IT IS THEREFORE ORDERED that Magistrate Judge Koppe's report and recommendation (ECF No. 38) is accepted, the plaintiff's motion to remand (ECF No. 16) is GRANTED, and the defendant's motion to affirm (ECF No. 19) is DENIED. This action is REMANDED to the administrative law judge for further proceedings. The clerk of court is instructed to close this case.
Source: Leagle
