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Torres v. Colvin

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Oct 6, 2014
Case No.: 2:13-cv-0082-GMN-PAL (D. Nev. Oct. 6, 2014)

Summary

rejecting argument that alleged receipt of steroid injection, alone, overcame ALJ's characterization of treatment as conservative

Summary of this case from Childers v. Berryhill

Opinion

Case No.: 2:13-cv-0082-GMN-PAL

10-06-2014

Maria C. Torres, Plaintiff, v. Carolyn W. Colvin, Defendant.


ORDER

Pending before the Court is the Report and Recommendation of United States Magistrate Judge Peggy A. Leen (ECF No. 27), which states that Plaintiff Maria C. Torres' Motion to Remand (ECF No. 16), should be denied and Defendant Carolyn Colvin's Motion to Affirm, (ECF No. 23), should be granted.

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 United States Magistrate Judge Peggy A. Leen's Report and Recommendation (ECF No. 27) is ACCEPTED AND ADOPTED IN FULL.

IT IS FURTHER ORDERED that the Motion to Remand (ECF No. 16) is DENIED.

IT IS FURTHER ORDERED that the Motion to Affirm (ECF No. 23) is GRANTED.

The Clerk shall enter judgment accordingly and close the case.

DATED this 6th day of October, 2014.

/s/_________

Gloria M. Navarro, Chief Judge

United States District Court


Summaries of

Torres v. Colvin

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Oct 6, 2014
Case No.: 2:13-cv-0082-GMN-PAL (D. Nev. Oct. 6, 2014)

rejecting argument that alleged receipt of steroid injection, alone, overcame ALJ's characterization of treatment as conservative

Summary of this case from Childers v. Berryhill

rejecting argument that alleged receipt of epidural, alone, overcame ALJ's characterization of treatment as conservative

Summary of this case from Smith v. Colvin
Case details for

Torres v. Colvin

Case Details

Full title:Maria C. Torres, Plaintiff, v. Carolyn W. Colvin, Defendant.

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Oct 6, 2014

Citations

Case No.: 2:13-cv-0082-GMN-PAL (D. Nev. Oct. 6, 2014)

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Cortez v. O'Malley

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