Carrara v. Berryhill ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 LISA M. CARRARA, ) 4 ) Plaintiff, ) Case No.: 2:18-cv-01107-GMN-DJA 5 vs. ) 6 ) ORDER NANCY A. BERRYHILL, Acting ) 7 Commissioner of Social Security, ) ) 8 Defendant. ) ) 9 ) 10 11 Pending before the Court is the Report and Recommendation of the Honorable United 12 States Magistrate Judge Carl W. Hoffman, (ECF No. 17), which states that Plaintiff Lisa M. 13 Carrara’s (“Plaintiff”) Motion to Remand, (ECF No. 14), should be denied and that the 14 Commissioner’s Cross-Motion to Affirm, (ECF No. 15), should be granted. 15 A party may file specific written objections to the findings and recommendations of a 16 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 17 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 18 determination of those portions to which objections are made. Id. The Court may accept, reject, 19 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 20 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 21 not required to conduct “any review at all . . . of any issue that is not the subject of an 22 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 23 that a district court is not required to review a magistrate judge’s report and recommendation 24 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 25 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. 17), is 4 ACCEPTED and ADOPTED in full. 5 IT IS FURTHER ORDERED that Plaintiff’s Motion to Remand, (ECF No. 14), is 6 DENIED and that the Commissioner’s Cross-Motion to Affirm, (ECF No. 15), is GRANTED. 7 DATED this _2_0_ day of August, 2019. 8 9 ___________________________________ Gloria M. Navarro, Chief Judge 10 United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25