Sparks v. Commissioner Social Security Administration
Filing
20
OPINION AND ORDER. Upon review, I agree with Judge Beckerman's recommendation and ADOPT the F&R 18 as my own opinion. The Commissioner's decision to deny Mr. Sparks's application for Social Security disability insurance benefits is AFFIRMED. IT IS SO ORDERED. Signed on 8/4/2017 by Judge Michael W. Mosman. (gw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
JACKIE WAYNE SPARKS,
No. 3:15-cv-02375-SB
Plaintiff,
OPINION AND ORDER
v.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.
MOSMAN, J.,
On July 5, 2017, Magistrate Judge Stacie F. Beckerman issued her Findings and
Recommendation (“F&R”) [18], recommending that I AFFIRM the Commissioner’s decision to
deny Mr. Sparks’s application for Social Security disability insurance benefits under Title II of
the Social Security Act, 42 U.S.C. § 405(g). No objections to the F&R were filed.
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
recommendations as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the
1 – OPINION AND ORDER
court is not required to review, de novo or under any other standard, the factual or legal
conclusions of 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)(1)(C).
Upon review, I agree with Judge Beckerman’s recommendation and ADOPT the F&R
[18] as my own opinion. The Commissioner’s decision to deny Mr. Sparks’s application for
Social Security disability insurance benefits is AFFIRMED.
IT IS SO ORDERED.
4th
DATED this ______ day of August, 2017.
/s/ Michael W. Mosman
____________________________
MICHAEL W. MOSMAN
Chief United States District Judge
2 – OPINION AND ORDER
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