Knight v. Commissioner Social Security Administration

Filing 23

OPINION AND ORDER: Upon careful review, I agree with Judge Jelderks's recommendations and I ADOPT the F&R 21 as my own opinion. The Commissioner's decision is REVERSED and REMANDED for further proceedings. Signed on 8/15/2017 by Judge Michael W. Mosman. (jtj)

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

RACHEL KNIGHT,
No. 3:15·cv-02262-JE
Plaintiff,
OPINION AND ORDER
v.

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

MOSMAN,J.,
On July 26, 2017, Magistrate Judge John Jelderks issued his Findings and
Recommendation ("F&R") [21 ], recommending that the Conunissioner's decision should be
REVERSED and REMANDED for further proceedings. Neither Defendant nor Plaintiff
objected.

DISCUSSION
The magioirate 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)(l)(C). However, the court
is not required to review, de novo or imder any other standard, the factual or legal conclusions of
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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 with 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)(l)(C).
Upon careful review, I agree with Judge Jelderks's recommendations and I ADOPT the
F&R [21] as my own opinion. The Commissioner's decision is REVERSED and REMANDED
for fmiher proceedings.

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IT IS SO ORDERED.
DATED this JS_ day of August, 2017.

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