Elawyers Elawyers
Ohio| Change

Marks v. Commissioner of Social Security, 2:16-cv-03034-APG-NJK. (2018)

Court: District Court, D. Nevada Number: infdco20180205d90
Filed: Feb. 02, 2018
Latest Update: Feb. 02, 2018
Summary: ORDER ON REPORT AND RECOMMENDATION (ECF. Nos. 13, 15, 18). ANDREW P. GORDON , District Judge . On January 7, 2018, Magistrate Judge Koppe entered a report and recommendation that I remand this case to the administrative law judge. No party filed an objection. 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
More

ORDER ON REPORT AND RECOMMENDATION

(ECF. Nos. 13, 15, 18).

On January 7, 2018, Magistrate Judge Koppe entered a report and recommendation that I remand this case to the administrative law judge. No party filed an objection. 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 Judge Koppe's report and recommendation (ECF No. 18) is accepted, the plaintiff's motion for remand (ECF No. 13) is GRANTED, and the defendant's motion to affirm (ECF No. 15) is DENIED. This case is REMANDED to the administrative law judge for further proceedings consistent with this order and with Judge Koppe's report and recommendation.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer