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)

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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

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