Davis v. Commissioner Social Security Administration

Filing 17

ORDER: The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation 15 . Accordingly, the Commissioner's final decision denying Mr. Daviss application for disability insurance benefits and social security insurance is reversed, and the case is remanded for further proceedings. See 2-page order attached. Signed on 5/9/2015 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DAVID M. DAVIS,
Plaintiff,

v.

No. 3:14-cv-00271-PK

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security
Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge Papak issued a Findings and Recommendation [15] on March 19, 2015,
in which he recommends this Court reverse the Commissioner’s final decision denying Mr.
Davis’s application for disability insurance benefit and social security insurance, and remand the
case for further proceedings. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B)
and Federal Rule of Civil Procedure 72(b).
Because neither party timely filed an objection to the Magistrate Judge's Findings and
Recommendation, I am relieved of my obligation to review the record de novo. United States v.

1 – ORDER

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt,
840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate
Judge's report to which objections have been made). Having reviewed the legal principles de
novo, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [15].
Accordingly, the Commissioner’s final decision denying Mr. Davis’s application for disability
insurance benefits and social security insurance is reversed, and the case is remanded for further
proceedings.
IT IS SO ORDERED.

DATED this

___ day of ______

, 2015.

________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER