Thoms v. Commissioner Social Security Administration
Filing
51
ORDER: I adopt Magistrate Judge Kasubhai's F&R 49 in its entirety. Accordingly, the decision of the Commissioner is AFFIRMED, and this case is dismissed. Signed on 3/18/2019 by Judge Ann L. Aiken. (ck)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
KEITHT., 1
Case No. 3:15-cv-00526-MK
ORDER
Plaintiff,
vs.
COMMISSIONER OF SOCIAL SECURITY,2
Defendant.
AIKEN, District Judge:
Magistrate Judge Mustafa Kasubhai filed his Findings and Recommendation ("F &R")
(doc. 49) recommending that the decision of the Commissioner be affomed. This case is now
before me. See 28 U.S.C. § 636(b)(l)(B) and Fed. R. Civ. P. 72(b).
1
In the interest of privacy, this opinion uses only the first name and the initial of the last
name of the non-governmental pmiy or parties in this case. Where applicable, this opinion uses
the same designation for a non-governmental pmiy's immediate family member.
2
Nancy A. Ben-yhill's term as the Acting Commissioner of the Social Security
Administration ended on November 17, 2017, and a new Commissioner has not been appointed.
The official title of the head of the Social Security Administration ("SSA") is the "Commissioner
of Social Security." 42 U.S.C. § 902(a)(l). A "public officer who sues or is sued in an official
capacity may be designated by official title rather than by name." Fed. R. Civ. P. 17(d). This
Court, therefore, refers to Defendant only as Commissioner of Social Security.
PAGE I -ORDER
No objections have been timely filed. Although this relieves me of my obligation to
perform a de nova review, I retain the obligation to "make an informed, final decision." Britt v.
Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983), overruled on other grounds,
United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en bane). The Magistrates
Act does not specify a standard of review in cases where no objections are filed. Ray v. Astrue,
2012 WL 1598239, *1 (D. Or. May 7, 2012). Following the recommendation of the Rules
Advisory Committee, I review the F&R for "clear error on the face of the record[.]" Fed. R. Civ.
P. 72 advisory committee's note (1983) (citing Campbell v. United States District Court, 501 F.2d
196,206 (9th Cir. 1974)); see also United States v. Vann, 535 U.S. 55, 64 n.6 (2002) (stating that,
"[i]n the absence of a clear legislative mandate, the Advisory Committee Notes provide a reliable
source of insight into the meaning of' a federal rule). Having reviewed the file of this case and
Magistrate Judge Kasubhai's order, I find no clear enor.
Thus, I adopt Magistrate Judge Kasubhai's F&R (doc. 49) in its entirety. Accordingly, the
decision of the Commissioner is AFFIRMED, and this case is dismissed.
IT IS SO ORDERED.
Dated this 18th day of March, 2019.
L
flL0
Ann Aiken
United States District Judge
PAGE2-ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?