Needham v. Commissioner Social Security Administration

Filing 19

OPINION AND ORDER: Upon review, I agree with Judge Acostas recommendation, and I ADOPT the F&R 17 as my own opinion. Signed on 4/19/13 by Judge Michael W. Mosman. (dls)

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

GARY NEEDHAM, O/B/O ALICE
NEEDHAM, DECEASED,
No. 2:12-cv-01147-AC
Plaintiff,
OPINION AND ORDER
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
MOSMAN, J.,
On April 9, 2013, Magistrate Judge Acosta issued his Findings and Recommendation
(“F&R”) [17] in the above-captioned case, recommending that plaintiff’s motion to amend the
complaint [14] be granted and that defendant’s motion to dismiss [9] be denied as moot, with
leave to file a subsequent motion to dismiss, should the defendant desire to do so, in response to
plaintiff’s amended complaint. No objections were filed.
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
1 – OPINION AND ORDER

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 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 Acosta’s recommendation, and I ADOPT the F&R [17]
as my own opinion.
IT IS SO ORDERED.
DATED this

19th

day of April, 2013.

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

2 – OPINION AND ORDER