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)

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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

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