Wingfield v. Commissioner Social Security Administration

Filing 22

ORDER: Adopting Findings and Recommendation 16 . Defendant's Motion to Dismiss 11 is DENIED, and this case is REVERSED and REMANDED for further proceedings. Signed on 3/23/2017 by Judge Ann L. Aiken. (rdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

EDWARD WINGFIELD,
Plaintiff,

Case No. 3:16-CV-00503-AA
ORDER

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

AIKEN, Judge:
Magistrate Judge Russo issued her Findings and Recommendation in the above-captioned
action on January 25, 2017. Magistrate Judge Russo recommends that Commissioner's motion to
dismiss should be denied and this matter should be reversed and remanded for further
proceedings. The matter is now before me. See 28 U.S.C. § 636(b)(l)(B) and Fed. R. Civ. P.
72(b).
When either party objects to any portion of a magistrate judge's Findings and
Recommendation, the district court must make a de nova detennination of that portion of the
magistrate judge's repo1i. See 28 U.S.C. § 636(b)(l); McDonnell Douglas Corp. v. Commodore
1 - OPINION AND ORDER

Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Defendant filed objections, and

plaintiff filed a response to defendant's objections. I have given de novo review of the Findings
and Recommendation, and I find no eirnr.
THEREFORE, IT IS HEREBY ORDERED that Magistrate Judge Russo's Findings and
Recommendation (doc. 16) filed January 25, 2017 is ADOPTED. Defendant's Motion to
Dismiss (doc. 11) is DENIED, and this case is REVERSED and REMANDED for further
proceedings.
IT IS SO ORDERED.
DATED

this~ra; of March 2017.

ANNL.AIKEN
United States District Judge

2 - OPINION AND ORDER