Sowden v. Commissioner Social Security Administration

Filing 23

ORDER: Adopting Findings and Recommendation 20 . Upon review, I agree with Judge Clarke's recommendation and ADOPT 20 as my own Opinion. The decision of the Commissioner is REVERSED and REMANDED. It is so Ordered. Signed on 11/28/2017 by Judge Michael W. Mosman. (rsm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION JEFFREY HAROLD SOWDEN, No. 3:16-cv-02310-CL Plaintiff, OPINION AND ORDER v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. MOSMAN, J., On October 19, 2017, Magistrate Judge Mark D. Clarke issued his Findings and Recommendation (F&R) [20], recommending that the decision of the Commissioner should be reversed and remanded for further administrative proceedings. The Commissioner filed no response. 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 1 – OPINION AND ORDER 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 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 review, I agree with Judge Clarke’s recommendation and I ADOPT the F&R [20] as my own opinion. The decision of the Commissioner is REVERSED AND REMANDED. IT IS SO ORDERED. 28 DATED this ____ day of November, 2017. /s/ Michael W. Mosman _______________________ MICHAEL W. MOSMAN Chief United States District Judge 2 – OPINION AND ORDER

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