Sweeney-Emanuel v. Commissioner Social Security Administration

Filing 21

OPINION AND ORDER: Upon review, I agree with Judge Jelderkss recommendation, and I ADOPT the F&R 19 as my own opinion. Signed on 11/29/12 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
LA’DRINA SWEENEY-EMANUEL,
No. 3:11-cv-00962-JE
Plaintiff,
OPINION AND ORDER
v.
MICHAEL J. ASTRUE, Commissioner
of Social Security,
Defendant.
MOSMAN, J.,
On November 1, 2012, Magistrate Judge Jelderks issued his Findings and
Recommendation (“F&R”) [19] in the above-captioned case, recommending that a judgment be
entered reversing the Commissioner’s decision and that the action be remanded to the Agency
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 regarding 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, de novo or under any other standard, the factual or legal conclusions of
1 – OPINION AND ORDER

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 Jelderks’s recommendation, and I ADOPT the F&R
[19] as my own opinion.
IT IS SO ORDERED.
DATED this

29th

day of November, 2012.

/s/ Michael W. Mosman _
MICHAEL W. MOSMAN
United States District Judge

2 – OPINION AND ORDER