Nussbaumer v. Commissioner Social Security Administration

Filing 28

OPINION AND ORDER. Upon careful review, I agree with Judge You's recommendation and I ADOPT the F&R 24 as my own opinion. Signed on 1/3/2017 by Judge Michael W. Mosman. (pvh)

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

BENNY LEE NUSSBAUMER,
No. 6:15-cv-01473-YY
Plaintiff,
OPINION AND ORDER
v.
COMMISSIONER SOCIAL SECURITY
ADMINISTRATION,
Defendant.
MOSMAN, J.,
On October 4, 2016, Magistrate Judge Youlee You issued her Findings and
Recommendation (“F&R”) [24], recommending that the Commissioner’s decision to deny Mr.
Nussbaumer’s application for Disability Insurance Benefits should be REVERSED and
REMANDED for further proceedings. The Commissioner filed its Objections to the F&R [26]
on October 20, 2016, and Mr. Nussbaumer filed his Response to the Commissioner’s Objections
[27] on November 3, 2016.
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
1 – OPINION AND ORDER

recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(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)(1)(C).
Upon careful review, I agree with Judge You’s recommendation and I ADOPT the F&R
[24] as my own opinion.
IT IS SO ORDERED.
DATED this

3rd

day of January, 2017.

/s/ Michael W. Mosman_________
MICHAEL W. MOSMAN
Chief United States District Judge

2 – OPINION AND ORDER