Hodgson
Filing
22
OPINION AND ORDER: Upon review, I agree with Judge Stewarts recommendation and I ADOPT the F&R 20 as my own opinion. Signed on 10/7/11 by Judge Michael W. Mosman. (dls)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
KIM ELIZABETH HODGSON
Plaintiff,
No. 3:10-cv-06261-ST
v.
OPINION AND ORDER
MICHAEL J. ASTRUE, Commissioner
of Social Security,
Defendant.
MOSMAN, J.,
On September 14, 2011, Magistrate Judge Stewart issued her Findings and
Recommendation (“F&R”) [20] in the above-captioned case recommending that I reverse and
remand the Commissioner’s decision for further proceedings. 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
1 – OPINION AND ORDER
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 Stewart’s recommendation and I ADOPT the F&R [20]
as my own opinion.
IT IS SO ORDERED.
DATED this
7th
day of October, 2011.
/s/ Michael W. Mosman
MICHAEL W. MOSMAN
United States District Court
2 – OPINION AND ORDER
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