Miller v. Commissioner, Social Security Administration

Filing 36

OPINION AND ORDER. Signed on 08/29/2011 by Judge Malcolm F. Marsh. (pvh)

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UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION

VERNON W. MILLER,

Case No. CV 09-1526 JE

Plaintiff,
OPINION AND ORDER
v.

MICHAEL J. ASTRUE,
Commissioner of Social Security
Defendant.

REDDEN, District Judge:
On June 13,2011, Magistrate Judge John Jelderks issued his Findings and
Recommendation (doc.29) in the above-captioned case, recommending that the court affirm the
decision of the Commissioner, and dismiss this action with prejudice.
The matter is now before me pursuant to 28 U.S.C. § 636(b)(l)(B) and Federal Rules of

PAGE 1 - OPINION AND ORDER

Civil Procedure 72(b) and 54(d)(2)(D). The magistrate judge makes recommendations to the
district court, and any party may file written objections to those recommendations. 28 U.S.C. §
636(b)(1 )(C). When a party timely objects to any portion of the magistrate's Findings and
Recommendation, the district court must conduct a de novo review of the pOliions of the
Findings and, Recommendation to which objections are made. 28 U.S.c. § 636(b)(1)(C);
':

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McDonnell Douglas Corn. v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir.
1981), cerl. denied, 455 U.S. 920 (1982). The district court may then "accept, reject,
the recommended decision, receive futiher evidence,

01'

01'

modify

recommit the matter to the magistrate

with instructions." 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The district court is not
required to review de novo the factual and legal conclusions to which the parties do not object.
Thomas v. Am, 474 U.S. 140,149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003).
Plaintiff filed objections to Magistrate Judge Jelderks's Findings and Recommendation. I
have, therefore, given those portions ofthe Findings and Recommendation de novo review. I
agree with Magistrate Judge Jelderks's analysis and conclusions.

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PAGE 2- OPINION AND ORDER

Plaintiff asserts the same arguments addressed by the Magistrate Judge. Accordingly, I
adopt the Findings and Recommendation as my own opinion. I affirm the decision of the
Commissioner, and DISMISS this action with prejudice.
IT IS SO ORDERED.
DATED this:!..t day of August, 2011.

~Af,~r
U.S. District Court Judge

PAGE 3 - OPINION AND ORDER