Neet v. Commissioner Social Security Administration

Filing 13

ORDER: The Court ADOPTS Magistrate Judge Papak's Findings andRecommendation (# 11 ). Accordingly, the Court REVERSES the Commissioner's decision and REMANDS this case to the Commissioner for further proceedings. Signed on March 16, 2009 by Judge Anna J. Brown. (eo)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON ROBERT NEET, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant. RORY JOSEPH LINERUD Linerud Law Firm P.O. Box 1105 Salem, OR 97308 [phone] Attorneys for Plaintiff KARIN J. IMMERGUT United States Attorney BRITTANIA I. HOBBS Assistant United States Attorney 1000 S.W. Third Avenue, Suite 600 Portland, OR 97204 [phone] 07-CV-1591-PK ORDER

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ORDER

DAVID MORADO Office of the General Counsel DAVID J. BURDETT Special Assistant United States Attorney 701 Fifth Avenue, Suite 2900 MS/901 Seattle, WA 98104 [phone] Attorneys for Defendant BROWN, Judge. Magistrate Judge Paul Papak issued Findings and Recommendation (#11) on January 8, 2009, in which he recommends this Court remand this case to the Commissioner for further proceedings. The matter is now before this Court pursuant to

28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. Britt v. Simi Valley

Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983)(rev'd on other grounds). See also Lorin Corp. v. Goto & Co., 700 F.2d Having reviewed the legal principles

1202, 1206 (8th Cir. 1983).

de novo, the Court does not find any error.

CONCLUSION The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#11). Accordingly, the Court REVERSES the

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ORDER

Commissioner's decision and REMANDS this case to the Commissioner for further proceedings. IT IS SO ORDERED. DATED this 16th day of March, 2009.

/s/ Anna J. Brown ANNA J. BROWN United States District Judge

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ORDER