Trader v. Commissioner of Social Security ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 COURTNEY M. TRADER, ) 4 ) Plaintiff, ) Case No.: 2:16-cv-00875-GMN-BNW 5 vs. ) 6 ) ORDER CAROLYN W. COLVIN, Acting ) 7 Commissioner of Social Security, ) ) 8 Defendant. ) ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”) of United States 11 Magistrate Judge Brenda Weksler, which recommends that Plaintiff Courtney M. Trader’s 12 (“Plaintiff’s”) Motion to Reverse or Remand be DENIED and the Commissioner of Social 13 Security’s (“Commissioner’s”) Motion to Affirm be GRANTED. (See R&R 11:14–17, ECF 14 No. 32). Plaintiff did not file an objection to Judge Weksler’s R&R, and the deadline to do so 15 has passed. 16 A party may file specific written objections to the findings and recommendations of a 17 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B). 18 Upon the filing of such objections, the Court must make a de novo determination of those 19 portions to which objections are made. Id. The Court may accept, reject, or modify, in whole 20 or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 21 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is not required 22 to conduct “any review at all . . . of any issue that is not the subject of an objection.” Thomas v. 23 Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized that a district court is 24 not required to review a magistrate judge’s report and recommendation where no objections 25 have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003). 1 Here, no objections were filed, and the deadline to do so has passed. 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 32), is 4 ACCEPTED and ADOPTED in full. 5 IT IS FURTHER ORDERED that Plaintiff’s Motion to Reverse or Remand, (ECF No. 6 21), is DENIED. 7 IT IS FURTHER ORDERED that the Commissioner’s Motion to Affirm, (ECF. No. 8 27), is GRANTED. 9 The Clerk of Court is instructed to enter judgment in accordance with this Order and 10 close the case. 11 DATED this __6_ day of August, 2019. 12 13 ___________________________________ Gloria M. Navarro, Chief Judge 14 United States District Court 15 16 17 18 19 20 21 22 23 24 25