Duncan v. Commissioner of Social Security

Filing 16

ORDER: The court ADOPTS Magistrate Judge Acosta Findings and Recommendation 14 . Accordingly, the Commissioner's final decision in connection with Plaintiffs November 17, 2007, application for SSI Benefits is affirmed. See 3-page order attached. Signed on 12/22/2011 by Judge Marco A. Hernandez. (mr)

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

TINA DUNCAN, on behalf of
GABRIEL DOW,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security
Administration,
Defendant.

Philip W. Studenberg
ATTORNEY AT LAW
200 Pine Street
Klamath Falls, OR 97601
Attorney for Plaintiff
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1 - ORDER

No. CV. 3:10-3084-AC
ORDER

Adrian L. Brown
U.S. ATTORNEY’S OFFICE
District of Oregon
1000 S.W. Third Avenue, Suite 600
Portland, OR 97204
Willy M. Le
SOCIAL SECURITY ADMINISTRATION
Office of the General Counsel
701 Fifth Avenue, Suite 2900, M/S 221A
Seattle, WA 98104
Attorneys for Defendant

HERNANDEZ, District Judge:
Magistrate Judge John V. Acosta issued a Findings and Recommendation (doc. #14) on
November 21, 2011, in which he recommends that the Commissioner’s final decision in
connection with Plaintiff’s November 17, 2007, application for supplemental security income
benefits (“SSI Benefits”) be affirmed. The matter is now before me 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, I am relieved of my obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt,
840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate
Judge's report to which objections have been made). Having reviewed the legal principles de
novo, I find no error.
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2 - ORDER

CONCLUSION
The court ADOPTS Magistrate Judge Acosta Findings and Recommendation (doc. #14).
Accordingly, the Commissioner's final decision in connection with Plaintiff’s November 17,
2007, application for SSI Benefits is affirmed.
IT IS SO ORDERED.
DATED this

22nd

day of December

, 2011.

/s/ Marco A. Hernandez
MARCO A. HERNANDEZ
United States District Judge

3 - ORDER