Moore v. Commissioner Social Security Administration

Filing 24

ORDER: Adopting Findings and Recommendation 22 .Accordingly, the Commissioner's decision is reversed, the Commissioner's motion to remand foradditional proceedings 20 is denied, and this action is remanded to the Commissioner for an award of benefits. Signed on 2/7/2017 by Judge Marco A. Hernandez. (sss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
JASMINE MOORE,

No. 3:15-cv-00918-JE
Plaintiff,

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

ORDER

Defendant.
HERNANDEZ, District Judge:
Magistrate Judge Jelderks issued a Findings and Recommendation (#22) on January 10,
2017, in which he recommends that this Court reverse the Commissioner's decision to deny
Supplemental Security Income, deny the Commissioner's motion to remand for additional
proceedings, and remand the action for an award of benefits. 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 no objections to the Magistrate Judge's Findings and Recommendation were
timely filed, I am relieved of my obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt,

1 - ORDER

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 Jelderks's Findings & Recommendation [22].
Accordingly, the Commissioner's decision is reversed, the Commissioner's motion to remand for
additional proceedings [20] is denied, and this action is remanded to the Commissioner for an
award of benefits.
IT IS SO ORDERED.
DATED this

day of

MARCO A. HERNANDEZ
United States District Judge

2 - ORDER

, 2017.