Wiley v. Berryhill ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MARY P. WILEY, ) 4 ) Petitioner, ) Case No.: 2:18-cv-0360-GMN-DJA 5 vs. ) 6 ) ORDER NANCY A. BERRYHILL, Commissioner of ) 7 Social Security ) ) 8 Respondent. 9 Pending before the Court is the Report and Recommendation (“R&R”) of United States 10 Magistrate Judge Daniel J. Albregts, (ECF No. 25), which recommends that Petitioner Mary 11 Wiley’s (“Petitioner’s”) Motion to Remand, (ECF No. 19), be denied and Social Security 12 Commissioner Nancy A. Berryhill’s (“Respondent’s”) Motion to Affirm, (ECF No. 20), be 13 granted. Magistrate Judge Albregts set a deadline of December 18, 2019, for objections to the 14 R&R. 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. Local 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. Local R. IB 3-2(b). Where a party fails to object, however, the 21 Court is 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. Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 25), is 3 ADOPTED in full. 4 IT IS FURTHER ORDERED that Petitioner’s Motion to Remand, (ECF No. 19), is 5 DENIED. 6 IT IS FURTHER ORDERED that Respondent’s Motion to Affirm, (ECF No. 20), is 7 GRANTED. 8 The Clerk shall enter judgment accordingly and close the case. 9 10 DATED this _3_0__ day of December, 2019. 11 12 ___________________________________ Gloria M. Navarro, District Judge 13 United States District Court 14 15 16 17 18 19 20 21 22 23 24 25