Farris v. Commissioner Social Security Administration
Filing
20
ORDER: I adopt the F&R 18 in its entirety. Accordingly, the Commissioner's decision is REVERSED and REMANDED for calculation and award of benefits. Signed on 5/28/2019 by Judge Ann L. Aiken. (ck)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
Case No. 3:18-cv-00282-MK
JAMES F.,
ORDER
Plaintiff,
V.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
AIKEN, District Judge:
Magistrate Judge Mustafa Kasubhai filed his Findings and Recommendation
("F&R") (doc. 18) recommending that the Commissioner's decision be reversed and
remanded for calculation and award of benefits. No objections have been filed and
this matter is now before me. See 28 U.S.C. ยง 636(b)(l)(B) and Fed. R. Civ. P. 72(b).
Although in the absence of objections no review is required, the Magistrates
Act "does not preclude further review by the district [court] sua sponte ... under a de
nova or any other standard." Thomas v. Arn, 474 U.S. 140, 154 (1985). Indeed, the
Advisory Committee Notes to Fed. R. Civ. P. 72(b) recommend that "[w]hen no timely
Page 1 - ORDER
objection is filed," the Court reviews the magistrate judge's recommendations for
"clear error on the face of the record." Based on my review of the F&R and the
documents in the case, I find no error in Judge Kasubhai's F&R. Thus, I adopt the
F&R (doc. 18) in its entirety.
Accordingly, the Commissioner's decision is
REVERSED and REMANDED for calculation and award of benefits.
IT IS SO ORDERED.
Dated thisl3~ay of May, 2019.
Ann Aiken
United States District Judge
Page 2 - ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?