Przychocki v. Commissioner Social Security Administration

Filing 33

OPINION AND ORDER: Upon review, I agree with Judge Sullivans recommendation, and I ADOPT the F&R 27 as my own opinion. Signed on 7/24/14 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
CHRISTINE A. PRZYCHOCKI,
No. 3:12-cv-02307-SU
Plaintiff,
OPINION AND ORDER
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
MOSMAN, J.,
On April 24, 2014, Magistrate Judge Sullivan issued her Findings and Recommendation
(“F&R”) [27] in the above-captioned case, recommending that the Commissioner’s decision be
affirmed and this case dismissed. Plaintiff Ms. Przychocki objected [31] and Defendant
responded [32].
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. I am not bound by the recommendations of the magistrate judge; instead,
I retain responsibility for making the final determination. I am required to review de novo those

1 – OPINION AND ORDER

portions of the report or any specified findings or recommendations within it to which an
objection is made. 28 U.S.C. § 636(b)(1). However, I am not required to review, de novo or
under any other standard, the factual or legal 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 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).
Upon review, I agree with Judge Sullivan’s recommendation, and I ADOPT the F&R
[27] as my own opinion.
IT IS SO ORDERED.
DATED this

24th

day of July, 2014.

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

2 – OPINION AND ORDER