Ewbank v. Commissioner Social Security Administration

Filing 41

OPINION AND ORDER: Upon review, I agree with Judge Jelderks's recommendation and I ADOPT the F&R 35 as my own opinion. The Commissioner's decision is AFFIRMED and this case is dismissed with prejudice. Signed on 9/26/18 by Judge Michael W. Mosman. (dls)

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

ROBERT E.1,
Plaintiff,

Case No. 6:16-cv-00117-JE

v.
OPINION & ORDER
NANCY A. BERRYHILL,
Acting Commissioner of the Social Security Administration,
Defendant.

MOSMAN, J.,
On August 13, 2018, Magistrate Judge John Jelderks issued his Findings and
Recommendation (F&R) [35], recommending that the Commissioner’s decision be AFFIRMED.
Plaintiff Robert Drake Ewbank filed objections [39]. The Commissioner filed a response [40].
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
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court
1

In the interest of privacy, this opinion uses only the first name and the initial of the last name of
the nongovernmental party in this case.
1 – OPINION AND ORDER

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 review, I agree with Judge Jelderks’s recommendation and I ADOPT the F&R [35]
as my own opinion. The Commissioner’s decision is AFFIRMED and this case is dismissed with
prejudice.
IT IS SO ORDERED.
26
DATED this ____ day of September, 2018.

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

2 – OPINION AND ORDER