Kirkpatrick v. Commissioner Social Security Administration

Filing 26

OPINION AND ORDER: Having reviewed Plaintiffs Objections 24 and the Commissioners Response 25 , I agree with Magistrate Judge Stewarts findings and ADOPT the F&R as my own opinion. The suit is DISMISSED with prejudice for lack of jurisdiction. Signed on 2/25/14 by Judge Michael W. Mosman. (dls)

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

CARL L. KIRKPATRICK,
No. 3:13-cv-00649-ST
Plaintiff,
OPINION AND ORDER
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
MOSMAN, J.,
Magistrate Judge Stewart issued her Findings and Recommendation [22], recommending
that Defendant’s Motion to Dismiss [13] be GRANTED. Plaintiff objected [24] and Defendant
Responded [25].
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
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).
Having reviewed Plaintiff’s Objections [24] and the Commissioner’s Response [25], I
agree with Magistrate Judge Stewart’s findings and ADOPT the F&R as my own opinion. The
suit is DISMISSED with prejudice for lack of jurisdiction.
IT IS SO ORDERED.
DATED this

25th

day of February, 2014.

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