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Buonpastore v. Colvin

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Apr 17, 2017
Case No.: 2: 16-cv-00070-GMN-NJK (D. Nev. Apr. 17, 2017)

Opinion

Case No.: 2: 16-cv-00070-GMN-NJK

04-17-2017

MICHAEL BUONPASTORE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.


ORDER

Pending before the Court is the Report and Recommendation of United States Magistrate Judge Nancy J. Koppe (ECF No. 36), entered on March 28, 2017.

A party may file specific written objections to the findings and recommendations of a United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo determination of those portions to which objections are made. Id. The Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is not required to conduct "any review at all . . . of any issue that is not the subject of an objection." Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized that a district court is not required to review a magistrate judge's report and recommendation where no objections have been filed. See, e.g., United States v. Reyna-Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003).

Here, no objections were filed, and the deadline to do so has passed.

Accordingly,

IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 36) is ACCEPTED and ADOPTED in full.

IT IS FURTHER ORDERED that Plaintiff Michael Buonpastore's Motion for Reversal and/or Remand (ECF No. 33) is DENIED.

IT IS FURTHER ORDERED that Defendant Acting Commissioner Carolyn W. Colvin's Cross-Motion to Affirm (ECF No. 35) is GRANTED.

The Clerk of Court shall enter judgment accordingly and close the case.

DATED this 17 day of April, 2017.

/s/_________

Gloria M. Navarro, Chief Judge

United States District Court


Summaries of

Buonpastore v. Colvin

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Apr 17, 2017
Case No.: 2: 16-cv-00070-GMN-NJK (D. Nev. Apr. 17, 2017)
Case details for

Buonpastore v. Colvin

Case Details

Full title:MICHAEL BUONPASTORE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Apr 17, 2017

Citations

Case No.: 2: 16-cv-00070-GMN-NJK (D. Nev. Apr. 17, 2017)