Wesman v. Commissioner Social Security Administration

Filing 19

ORDER: Adopting Findings and Recommendation 16 . Signed on 3/9/2018 by Judge Ann L. Aiken. (ck)

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

CHRISTOPHER STEVEN WESMAN,

Case No. 6:16-cv-01222-JR

ORDER
Plaintiff,
vs.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

AIKEN, District Judge:
Magistrate Judge Jolie Russo filed her Findings and Recommendation ("F &R") on
2/21/2018 (doc. 16) recommending that the decision of the Commissioner be reversed and
remanded for further proceedings. The matter is now before me. See 28 U.S.C. § 636(b)(l)(B)
and Fed. R. Civ. P. 72(b). No objections have been timely filed. Although this relieves me of
my obligation to perform a de novo review, I retain the obligation to "make an informed, final
decision." Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983), overruled

on other grounds, United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en
bane). The Magistrates Act does not specify a standard of review in cases where no objections
are filed.

Ray v. Astrue, 2012 WL 1598239, *l (D. Or. May 7, 2012).

PAGE I -ORDER

Following the

reconuuendation of the Rules Advisory Conuuittee, I review the F&R for "clear error on the face
of the record[.]" Fed. R. Civ. P. 72 advisory committee's note (1983) (citing Campbell v. United

States District Court, 501 F.2d 196, 206 (9th Cir. 1974)); see also United States v. Vonn, 535
U.S. 55, 64 n.6 (2002) (stating that, "[i]n the absence of a clear legislative mandate, the Advisory
Conuuittee Notes provide a reliable source of insight into the meaning of' a federal rule).
Having reviewed the file of this case, I find no clear error.
Thus, I adopt Magistrate Judge Russo's F&R (doc. 16) in its entirety. Accordingly, the
decision of the Conuuissioner is REVERSED and REMANDED for an immediate payment of
benefits. This case is DISMISSED.
IT IS SO ORDERED.
Dated this ~day of March, 2018.

~(Lt_J
Ann Aiken
United States District Judge

PAGE 2 -ORDER