Zakhel v. Commissioner Social Security Administration

Filing 25

OPINION AND ORDER: Upon review, I agree with Judge Papak's recommendation and I ADOPT the F&R 22 in full. The Commissioners decision is AFFIRMED. Signed on 9/26/18 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
SAID Z. l ,
No. 3:17-cv-01018-JR
Plaintiff,
OPINION AND ORDER
V.

NANCY A. BERRYHILL,
Acting Commissioner of the
Social Secm ity Administration,
Defendant.

MOSMAN, J.,
On August 6, 2018, Magistrate Judge Paul Papak issued his Findings and
Recommendation (F&R) [22], recommending that the Cormnissioner 's decision be affi1med. No
objections were filed.
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The comi is not bound by the recormnendations of the magistrate judge,
but retains responsibility for making the final dete1
mination. The comi is generally required to

1

In the interest of privacy, this opinion uses only the first name and the initial of the last
name of the non-governmental paiiy or pa1 ies in this case. Where applicable, this opinion uses
i
the same designation for a non-governmental paiiy's irmnediate fainily member(s).

1 - OPINION AND ORDER

make a de novo detennination regarding those portions of the repo1i or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l )(C). However, the comi
is not required to review, de novo or under any other standard, the factual or legal conclusions of
the magistrate judge as to those po1iions 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 scrntiny 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 paii of the F&R. 28 U.S .C. § 636(b)(l)(C).
Upon review, I agree with Judge Papak's recommendation and I ADOPT the F&R [22] in
full. The Commissioner 's decision is AFFIRMED.
IT IS SO ORDERED.
DATED this -1§__ day of September, 2018.

Isl M1chaet iv. MosMaJt
MICHAEL W. MOSMAN
Chief United States District Judge

2 - OPINION AND ORDER