Carroll v. Saul, 2:17-cv-02237-MMD-CLB. (2020)
Court: District Court, D. Nevada
Number: infdco20200108b36
Visitors: 21
Filed: Jan. 07, 2020
Latest Update: Jan. 07, 2020
Summary: ORDER MIRANDA M. DU , Chief District Judge . Magistrate Judge Carla L. Baldwin issued a Report and Recommendation ("R&R") (ECF No. 32) in this case on December 23, 2019. In the R&R Judge Baldwin recommends that the Court deny Plaintiff Shermaine Carroll's motion for remand (ECF No. 13) and grant Defendant Commissioner Andrew Saul's cross-motion to affirm (ECF No. 26). (ECF No. 32 at 1, 12.) The deadline to object to the R&R has expired and neither party has objected. The Court is satisfied
Summary: ORDER MIRANDA M. DU , Chief District Judge . Magistrate Judge Carla L. Baldwin issued a Report and Recommendation ("R&R") (ECF No. 32) in this case on December 23, 2019. In the R&R Judge Baldwin recommends that the Court deny Plaintiff Shermaine Carroll's motion for remand (ECF No. 13) and grant Defendant Commissioner Andrew Saul's cross-motion to affirm (ECF No. 26). (ECF No. 32 at 1, 12.) The deadline to object to the R&R has expired and neither party has objected. The Court is satisfied t..
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ORDER
MIRANDA M. DU, Chief District Judge.
Magistrate Judge Carla L. Baldwin issued a Report and Recommendation ("R&R") (ECF No. 32) in this case on December 23, 2019. In the R&R Judge Baldwin recommends that the Court deny Plaintiff Shermaine Carroll's motion for remand (ECF No. 13) and grant Defendant Commissioner Andrew Saul's cross-motion to affirm (ECF No. 26). (ECF No. 32 at 1, 12.) The deadline to object to the R&R has expired and neither party has objected. The Court is satisfied that there is no clear error on the face of the administrative record and finds good cause to adopt the R&R.2
It is therefore ordered that the Report and Recommendation (ECF No. 32) is accepted.
It is further ordered that Carroll's motion to remand (ECF No. 13) is denied.
It is further ordered that the Commissioner's cross-motion to affirm (ECF No. 26) is granted.
The Clerk of the Court is directed to enter judgment in accordance with this order and close this case.
FootNotes
1. Former Commissioner Nancy A. Berryhill was the original Defendant in this action. Andrew Saul has been automatically substituted pursuant to Fed. R. Civ. P. 25(d) because he is now the Commissioner of the Social Security Administration.
2. Where a party fails to object, however, the court is not required to conduct "any review at all . . . of any issue that is not the subject of an objection." Thomas v. Arn, 474 U.S. 140, 149 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) ("De novo review of the magistrate judges' findings and recommendations is required if, but only if, one or both parties file objections to the findings and recommendations.") (emphasis in original); Fed. R. Civ. P. 72, Advisory Committee Notes (1983) (providing that the court "need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation").
Source: Leagle
