Miller v. Commissioner Social Security Administration

Filing 25

ORDER: Adopting Findings and Recommendation 23 . Signed on 3/9/2018 by Judge Ann L. Aiken. (ck)

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

PAUL J. MILLER,

Case No. 6:17-cv-00189-JR

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

AIKEN, District Judge:
Magistrate Judge Jolie Russo filed her Findings and Recommendation ("F&R") on
2/15/2018 (doc. 26) 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)(1 )(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 nova review, I retain the obligation to "make an infonned, 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, *1 (D. Or. May 7, 2012).

PAGE I -ORDER

Following the

recommendation of the Rules Advisory Committee, I review the F &R for "clear en-or 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
Committee 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. 23) in its entirety. Accordingly, the
decision of the Commissioner is REVERSED and REMANDED for fmiher proceedings
consistent with the F&R and this order. This case is DISMISSED.
IT IS SO ORDERED.
Dated this q#lday of March, 2018.

~~0
AnnAiken
United States District Judge

PAGE 2 -ORDER