Elawyers Elawyers
Washington| Change

Pogue v. Commissioner of Social Security, 2:17-cv-00251-APG-GWF. (2019)

Court: District Court, D. Nevada Number: infdco20190516c19 Visitors: 4
Filed: May 15, 2019
Latest Update: May 15, 2019
Summary: Order Accepting Report and Recommendation, Denying Motion to Reverse or Remand, and Granting Motion to Affirm [ECF Nos. 20, 23, 27] ANDREW P. GORDON , District Judge . On April 26, 2019, Magistrate Judge Foley recommended that I deny the plaintiff's motion to reverse or remand and grant the defendant's motion to affirm. ECF No. 27. Plaintiff Robin Pogue did not file 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) (r
More

Order Accepting Report and Recommendation, Denying Motion to Reverse or Remand, and Granting Motion to Affirm

[ECF Nos. 20, 23, 27]

On April 26, 2019, Magistrate Judge Foley recommended that I deny the plaintiff's motion to reverse or remand and grant the defendant's motion to affirm. ECF No. 27. Plaintiff Robin Pogue did not file 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 Magistrate Judge Foley's report and recommendation (ECF No. 27) is accepted, the plaintiff's motion for reversal or remand (ECF No. 20) is DENIED, and the defendant's motion to affirm (ECF No. 23) is GRANTED. The clerk of court is instructed to enter judgment in favor of the defendant and against the plaintiff.

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