Oxford v. Commissioner Social Security Administration
OPINION AND ORDER: Upon review, I agree with Judge Jelderks's recommendation and I ADOPT the F&R 15 as my own opinion. The Commissioner's decision is REVERSED and this case REMANDED for further proceedings. Signed on 2/7/2018 by Judge Michael W. Mosman. (jtj) Modified on 2/8/2018 to correct file date (jtj).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
BARBARA ANN OXFORD,
OPINION AND ORDER
NANCY A. BERRYHILL,
Acting Commissioner of Social
On December 12, 2017, Magistrate Judge John Jelderks issued his Findings and
Recommendation (F&R) , recommending the Commissioner’s decision be REVERSED and
this case REMANDED for further proceedings. No party objected.
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 court 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)(1)(C). However, the court
1 – OPINION AND ORDER
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
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 under 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 part of the F&R. 28 U.S.C. § 636(b)(1)(C).
Upon review, I agree with Judge Jelderks’s recommendation and I ADOPT the F&R 
as my own opinion. The Commissioner’s decision is REVERSED and this case REMANDED
for further proceedings.
IT IS SO ORDERED.
DATED this 7th day of February, 2018.
/s/ Michael W. Mosman
MICHAEL W. MOSMAN
Chief United States District Judge
2 – OPINION AND ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?