Rogers v. Commissioner Social Security Administration

Filing 23

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 21 . The Commissioner's decision is Reversed and Remanded for immediate payment of benefits. Signed on 1/25/17 by Judge Michael W. Mosman. (gm) Modified on 1/27/2017 to correct filing date (gm).

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

DEMARCUS ROGERS,
No. 3:15-cv-02122-PK
Plaintiff,
OPINION AND ORDER
v.
CAROLYN W. COVLIN,
Commissioner of Social Security
Defendant.
MOSMAN, J.,
On December 9, 2016, Magistrate Judge Paul Papak issued his Findings and
Recommendation (“F&R”) [21], recommending that the Commissioner’s decision should be
REVERSED and REMANDED for immediate payment of benefits. Neither Defendant nor
Plaintiff objected.
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 court 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
is not required to review, de novo or under any other standard, the factual or legal conclusions of
1 – OPINION AND ORDER

the magistrate judge as to those portions 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 part of the F&R. 28 U.S.C. § 636(b)(1)(C).
Upon careful review, I agree with Judge Papak’s recommendations and I ADOPT the
F&R [21] as my own. The Commissioner’s decision is REVERSED and REMANDED for
immediate payment of benefits.

IT IS SO ORDERED.
DATED this

25th

day of January, 2017.

/s/ Michael W. Mosman_________
MICHAEL W. MOSMAN
Chief United States District Judge

2 – OPINION AND ORDER