Gomez v. Commissioner Social Security Administration

Filing 19

OPINION AND ORDER: Upon review, I agree with Judge Sullivans recommendation, and I ADOPT the F&R 17 as my own opinion. Signed on 12/9/2010 by Judge Michael W. Mosman. (dls)

Gomez v. Commissioner Social Security Administration

Doc. 19

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

BENJAMIN GOMEZ, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security Defendant. MOSMAN, J.,

No. 3:09-869-SU OPINION AND ORDER

On September 8, 2010, Magistrate Judge Sullivan issued her Findings and Recommendation ("F&R") (#17) in the above-captioned case recommending that the Commissioner's decision should be reversed and remanded for immediate calculation and award of benefits. The defendant did not file objections. 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 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 is not required to review, de novo or under any other standard, the factual or legal

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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 of the magistrate judge's F&R. 28 U.S.C. § 636(b)(1)(C). Upon review, I agree with Judge Sullivan's recommendation, and I ADOPT the F&R (#17) as my own opinion. IT IS SO ORDERED. DATED this 9th day of December, 2010.

/s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Court