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)

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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. ยง 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

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