Finch v. Commissioner Social Security Administration

Filing 20

OPINION AND ORDER. Upon careful review, I agree with Judge You's recommendations and I ADOPT the F & R 16 as my own opinion. The Commissioner's decision is AFFIRMED. IT IS SO ORDERED. Signed on 8/15/2017 by Judge Michael W. Mosman. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

RAYMOND GREGORY FINCH,
No. 1: 16-cv-00950-YY
Plaintiff,
OPINION AND ORDER
v.

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

MOSMAN,J.,
On June 23, 2017, Magistrate Judge Youlee Yim You issued her Findings and
Recommendation ("F&R") [16], recommending that the Commissioner's decision should be
AFFIRMED. Plaintiff objected [18] and Defendant Responded [19].

DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The court is not bound by the recommendations of the magistrate judge,
but retains responsibility for making the final determination. The comt is generally required to
make a de novo determination regarding those portions of the report or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the court
is not required to review, de novo or under any other standard, the factual or legal conclusions of
the magistrate judge as to those portions of the F&R to which no objections are addressed. See
1 - OPINION AND ORDER

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003). While the level of scrutiny with which I am required to review the F&R depends
on whether or not objections have been filed, in either case, I am free to accept, reject, or modify
any paii of the F&R. 28 U.S.C. § 636(b)(l)(C).
Upon careful review, I agree with Judge You's recommendations and I ADOPT the F&R
[16] as my own opinion. The Commissioner's decision is AFFIRMED.

IT IS SO ORDERED.
DATED this ls;ay of August, 2017.

Chief United States

2 - OPINION AND ORDER

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