Devee v. Commissioner Social Security Administration

Filing 26

ORDER: The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation 24 . Accordingly, the Court REVERSES the decision of the Commissioner and REMANDS this matter to the Commissioner pursuant to sentence four, 42 U.S.C. § 405(g), for further administrative proceedings. Signed on 08/25/2014 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DAVID DEVEE,

3:13-CV-00268-ST
Plaintiff,

ORDER

v.
CAROLYN W. COLVIN,
Commissioner, Social Security
Administration, 1
Defendant.

BROWN, Judge.
Magistrate Judge Janice M. Stewart issued Findings and
Recommendation (#24) on July 16, 2014, in which she recommends

1

Carolyn W. Colvin became the Acting Commissioner of Social
Security on February 14, 2013.
Pursuant to Rule 25(d) of the
Federal Rules of Civil Procedure, Carolyn W. Colvin should be
substituted for Michael J. Astrue as Defendant in this case.
No
further action need be taken to continue this case by reason of
the last sentence of Section 205(g) of the Social Security Act,
42 u.s.c. § 405.
1 - ORDER

this Court reverse the Corrunissioner's decision and remand this
matter for further administrative proceedings.

The matter is now

before this Court pursuant to 28 U.S.C. § 636(b)(l)(B) and
Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and
Recorrunendation were timely filed,

this Court is relieved of its

obligation to review the record de novo.
561 F.3d 930, 932 (9th Cir. 2009).
Reyna-Tapia,

See Dawson v. Marshall,

See also United States v.

328 F.3d 1114, 1121 (9th Cir. 2003) (en bane).

Having reviewed the legal principles de novo, the Court does not
find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Stewart's Findings and
Recorrunendation (#24).

Accordingly, the Court REVERSES the

decision of the Corrunissioner and REMANDS this matter to the
Corrunissioner pursuant to sentence four,
§

42 U.S.C.

405(g), for further administrative proceedings.
IT IS SO ORDERED.
DATED this 25th day of August, 2014.

United States District Judge

2 - ORDER