Giffin v. Commissioner Social Security Administration

Filing 17

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 15 . The Commissioner's final decision is Affirmed. Signed on 6/7/16 by Chief Judge Michael W. Mosman. (gm)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EUGENE DIVISION

LAURA D. GIFFIN,
No. 6:15-cv-00800-PK
Plaintiff,
OPINION AND ORDER

v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

MOSMAN,J.,
On May 16, 2016, Magistrate Judge Papak issued his Findings and Recommendation
(F&R) [15], recommending that the Commissioner's final decision should be AFFIRMED. No
objections to the Findings and Recommendation were filed.

DISCUSSION
The magistrate judge makes only reconunendations to the comi, to which any pmiy 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
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 nova 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

1 - OPINION AND ORDER

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 pa1t 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 [15)
as my own opinion.
IT IS SO ORDERED.
DATED this

11..

J'v...-

L~ay of~""'),016.

Chief United States District Judge

2 - OPINION AND ORDER