Rolfe v. Commissioner Social Security Administration

Filing 25

ORDER: The Court adopts Magistrate Judge Jelderks' Findings and Recommendation 23 . Accordingly, the Commissioner's final decision is reversed and this case is remanded for further proceedings. Signed on 11/21/2017 by Judge Marco A. Hernandez. (jtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

GREGGORY A. ROLFE,
Plaintiff,

No. 6:16-cv-00096-JE
ORDER

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

HERNÁNDEZ, District Judge:
Magistrate Judge Jelderks issued a Findings and Recommendation [23] on September 27,
2017, in which he recommends that the Court reverse the decision of the Commissioner of the
Social Security Administration denying Plaintiff’s application for Disability Insurance Benefits
and remand this case for further proceedings. The matter is now before me pursuant to 28 U.S.C.
§ 636(b)(1) and Federal Rule of Civil Procedure 72(b).

1 - ORDER

Because no objections to the Magistrate Judge’s Findings and Recommendation were
timely filed, I am relieved of my obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v.
Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of
Magistrate Judge’s report to which objections have been made). Having reviewed the legal
principles de novo, I find no error.
CONCLUSION
The Court adopts Magistrate Judge Jelderks’ Findings and Recommendation [23].
Accordingly, the Commissioner’s final decision is reversed and this case is remanded for further
proceedings.
IT IS SO ORDERED.

DATED this

day of November, 2017

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER