Burum v. Commissioner Social Security Administration

Filing 27

ORDER: Adopting Findings and Recommendation 25 . Signed on 11/13/2017 by Judge Ann L. Aiken. (ck)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION ROBBIE BURUM, Case No. 3:16-cv-01409-JR ORDER Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. AIKEN, District Judge: Magistrate Judge Russo filed her Findings and Recommendation ("F&R") (doc. 25) on 10/26/2017. The matter is now before me. See 28 U.S.C. ยง 636(b); Fed. R. Civ. P. 72. No objections have been timely filed. Although this relieves me of my obligation to perform a de novo review, I retain the obligation to "make an informed, final decision." Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983), overruled on other grounds, United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en bane). The Magistrates Act does not specify a standard of review in cases where no objections are filed. Ray v. Astrue, 2012 WL 1598239, *1 (D. Or. May 7, 2012). Following the recommendation of the Rules Advisory Page 1 - OPINION AND ORDER Committee, I review the F&R for "clear eirnr on the face of the record[.]" Fed. R. Civ. P. 72 advisory committee's note (1983) (citing Campbell v. United States District Court, 501 F.2d 196, 206 (9th Cir. 1974)); see also United States v. Vonn, 535 U.S. 55, 64 n.6 (2002) (stating that, "[i]n the absence of a clear legislative mandate, the Advisory Committee Notes provide a reliable source of insight into the meaning of" a federal rule). Having reviewed the file of this case, I find no clear error. Accordingly, I adopt Judge Russo's F&R (doc. 25) in its entirety. The Decision of the Commissioner is REVERSED and REMANED for further proceedings consistent with the F&R. Dated this 13th day of November 2017. Ann Aiken United States District Judge Page 2 - OPINION AND ORDER

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