Ellsworth v. Commissioner Social Security Administration
Filing
23
OPINION AND ORDER: Upon review, I agree with Judge Jelderks's recommendation, and I ADOPT the F&R 21 (#21) as my own opinion. The Commissioner's decision is AFFIRMED and this case is DISMISSED with prejudice. Signed on 7/12/2010 by Judge Michael W. Mosman. (dls)
Ellsworth v. Commissioner Social Security Administration
Doc. 23
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
JANENE ELLSWORTH, on behalf of NCE, No. CV 09-348-JE Plaintiff, OPINION AND ORDER v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
MOSMAN, J., On June 14, 2010, Magistrate Judge Jelderks issued Findings and Recommendation ("F&R") (#21) in the above-captioned case recommending that I AFFIRM the Commissioner's decision. 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 of 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, under a de novo or any other standard, the factual or legal conclusions of the magistrate
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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 Jelderks's recommendation, and I ADOPT the F&R (#21) as my own opinion. The Commissioner's decision is AFFIRMED and this case is DISMISSED with prejudice. IT IS SO ORDERED.
DATED this 12th
day of July, 2010.
/s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Court
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