Shipp v. Commissioner Social Security Administration

Filing 31

ORDER: The Court ADOPTS Magistrate Judge Jelderks's Findings and Recommendation 28 . Accordingly, the decision of the Commissioner is REVERSED, and this case is REMANDED for an award of benefits. Signed on 9/1/2019 by Judge Marco A. Hernandez. (jtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

BRENDA S.,

No. 6:17-cv-00393-JE
Plaintiff,

ORDER

v.

COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,
Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge Jelderks issued a Findings and Recommendation [28] on June 24, 2019,
in which he recommends that the Court reverse the decision of the Commissioner and remand
this case for an award of benefits. The matter is now before the Court pursuant to 28 U.S.C. §
636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

1 - ORDER

Because no objections to the Magistrate Judge’s Findings and Recommendation were
timely filed, the Court is relieved of its 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, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Jelderks’s Findings and Recommendation [28].
Accordingly, the decision of the Commissioner is REVERSED, and this case is REMANDED
for an award of benefits.
IT IS SO ORDERED.

DATED this

day of ________________, 2019

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER