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Albanese v. Berryhill

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Jun 28, 2017
Case No.: 2:16-cv-02350-JAD-VCF (D. Nev. Jun. 28, 2017)

Opinion

Case No.: 2:16-cv-02350-JAD-VCF

06-28-2017

Gail Albanese, Plaintiff v. Nancy A. Berryhill, Acting Commissioner of Social Security, Defendant


Order Adopting Report and Recommendation, Granting and Denying Motions, and Dismissing Case [ECF Nos. 21, 22, 27]

Gail Albanese appeals from the Commissioner's final decision denying Albanese disability insurance benefits. Albanese moved for reversal by summary judgment, and the Commissioner cross-moved to affirm. Magistrate Judge Cam Ferenbach recommends that Albanese's motion be granted, the Commissioner's cross-motion be denied, and this case be remanded to the administrative law judge for further proceedings.

ECF No. 21.

ECF No. 22.

ECF No. 27.

The report and recommendation was entered June 12, 2017, making June 26, 2017, the deadline to file an objection. No party has filed an objection to the report and recommendation. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed."

Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). --------

Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED that Magistrate Judge Ferenbach's report and recommendation [ECF No. 27] is ACCEPTED and ADOPTED; Albanese's motion for summary judgment [ECF No. 21] is GRANTED; the Commissioner's cross-motion to affirm [ECF No. 22] is DENIED; and this matter is REMANDED back to the administrative law judge for further proceedings consistent with the Report and Recommendation. The Clerk of Court is directed to enter judgment accordingly and CLOSE THIS CASE.

DATED June 28, 2017.

/s/_________

Jennifer A. Dorsey

United States District Judge


Summaries of

Albanese v. Berryhill

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Jun 28, 2017
Case No.: 2:16-cv-02350-JAD-VCF (D. Nev. Jun. 28, 2017)
Case details for

Albanese v. Berryhill

Case Details

Full title:Gail Albanese, Plaintiff v. Nancy A. Berryhill, Acting Commissioner of…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Jun 28, 2017

Citations

Case No.: 2:16-cv-02350-JAD-VCF (D. Nev. Jun. 28, 2017)