McKinley v. Commissioner Social Security Administration

Filing 12

ORDER: Upon careful review, I agree with Judge Jelderks's recommendation and ADOPT the F&R 9 as my own opinion. Plaintiff's case is DISMISSED without prejudice for want of prosecution. Signed on 5/9/2017 by Chief Judge Michael Mosman. (jtj) Modified on 5/10/2017 to correct signing Judge (jtj).

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

CORDELL MCKINLEY,
No. 3:16-cv-00826-JE
Plaintiff,
OPINION AND ORDER
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
MOSMAN, J.,
On April 12, 2017, Magistrate Judge John Jelderks issued his Findings and
Recommendation (“F&R”) [9], recommending that Plaintiff’s case should be dismissed for want
of prosecution. Plaintiff failed object to the F&R.
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
the magistrate judge as to those portions of the F&R to which no objections are addressed. See
1 – OPINION AND ORDER

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 Jelderks’s recommendation and ADOPT the
F&R [9] as my own opinion. Plaintiff’s case is DISMISSED without prejudice for want of
prosecution.
IT IS SO ORDERED.
9th
DATED this _____ day of May, 2017.

/s/ Michael W. Mosman

______________________________
MICHAEL W. MOSMAN
Chief United States District Judge

2 – OPINION AND ORDER