Marney v. Commissioner Social Security Administration

Filing 35

OPINION AND ORDER - Adopting Findings and Recommendation 33 as my own opinion. The Commissioner's decision is REVERSED and this action is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. Signed on 9/29/2017 by Judge Michael W. Mosman. (pg)

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

DARLA MARNEY,
No. 3:15-cv-01759-JE
Plaintiff,
OPINION AND ORDER
v.

NANCY A. BERRYHILL,
Acting Commissioner of Social
Security,
Defendant.

MOSMAN,J.,
On September 12, 2017, Magistrate Judge John Jelderks issued his Findings and
Recommendation ("F&R") [33], recommending that the Commissioner's decision be
REVERSED and this action be REMANDED pursuant to sentence four of 42 U.S.C. § 405(g)
for fmiher administrative proceedings. Defendant did not object.

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 comi 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

I - OPINION AND ORDER

is not required to review, de novo or under any other standard, the factual or legal conclusions of
the magistrate judge as to those potiions 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 pati of the F&R. 28 U.S.C. § 636(b)(l)(C).
Upon careful review, I agree with Judge Jelderks's recommendation and ADOPT the
F&R [33] as my own opinion. The Commissioner's decision is REVERSED and this action is
REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative
proceedings.

ITIS SO ORDERED.
DATED this

'2'1day of September, 2017.

2 - OPINION AND ORDER