Rutherford v. Commissioner Social Security Administration

Filing 15

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings andRecommendation 11 . Accordingly, the Court DENIES Plaintiffs Motion 10 for Appointment of Pro Bono counsel with leave to renew after the filing of any amended complaint for further proceedings before the Magistrate Judge. The Court also DISMISSES Plaintiffs Complaint 1 without prejudice and with leave to amend no later than October 9, 2015. Signed on 09/10/2015 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

WALLACE T. RUTHERFORD, JR.,
Plaintiff,

3:15-cv-00476-SB
ORDER

v.
COMMISSIONER SOCIAL SECURITY
ADMINISTRATION,
Defendant.
BROWN, Judge.
Magistrate Judge Stacie F. Beckerman issued Findings and
Recommendation (#11) on July 8, 2015, in which she recommends
this Court deny Plaintiff’s Motion (#10) for Appointment of Pro
Bono Counsel and pursuant to 28 U.S.C. § 1915(e)(2)(B) dismiss
Plaintiff’s Complaint (#1) without prejudice and with leave to
amend no later than October 8, 2015.

The matter is now before

this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule
of Civil Procedure 72(b).

1

- ORDER

Because no objections to the Magistrate Judge's Findings and
Recommendation were timely filed, this Court is relieved of its
obligation to review the record de novo.
561 F.3d 930, 932 (9th Cir. 2009).

See Dawson v. Marshall,

See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
Having reviewed the legal principles de novo, the Court does not
find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman's Findings and
Recommendation (#11).

Accordingly, the Court DENIES Plaintiff’s

Motion (#10) for Appointment of Pro Bono counsel with leave to
renew after the filing of any amended complaint for further
proceedings before the Magistrate Judge.

The Court also

DISMISSES Plaintiff’s Complaint (#1) without prejudice and with
leave to amend no later than October 9, 2015.
IT IS SO ORDERED.
DATED this 10th day of September, 2015.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

2

- ORDER