Strain v. Commissioner Social Security Administration

Filing 26

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 22 . The Commissioner's decision is Affirmed and this case is Dismissed with prejudice. Signed on 1/15/19 by Judge Michael W. Mosman. (gm)

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

PATRICK JOHN S., 1
Plaintiff,

No. 3:17-cv-01911-JR

v.
OPINION & ORDER
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

MOSMAN,J.,
On October 23, 2018, Magistrate Judge Jolie A. Russo issued her Findings and
Recommendation (F&R) [22], recommending that the Commissioner's decision be AFFIRMED.
Plaintiff filed Objections to the F&R [24]. The Commissioner filed a response [25].
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 nova determination regarding those portions of the report or specified findings or

1

In the interest of privacy, this opinion uses only the first name and the initial of the last name of
the nongovernmental party in this case.
1 - OPINION AND ORDER

recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(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 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)(l)(C).
CONCLUSION
Upon review, I agree with Judge Russo's recommendation and I ADOPT the F&R [22]
as my own opm10n. The Commissioner's decision is AFFIRMED and this case is dismissed
with prejudice.

IT IS SO ORDERED.
DATED this

/ ~ of January, 2019.

MICHAEL W. MQS
N
Chief United States 1strict Judge

2 - OPINION AND ORDER