Morgan v. Commissioner Social Security Administration

Filing 31

OPINION AND ORDER: Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F&R 28 in full. I REVERSE and REMAND for further proceedings. Signed on 12/26/18 by Judge Michael W. Mosman. (dls)

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

SANFORD M., 1
Plaintiff,

Case No. 6:17-cv-00571-AC

v.
OPINION AND ORDER

NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.

MOSMAN,J.,
On October 17, 2018, Magistrate Judge John V. Acosta issued his Findings and
Recommendation (F&R) [28], recommending that I REVERSE and REMAND for fmiher
proceedings. Neither party objected.

DISCUSSION
The magistrate judge makes only recommendations to the court, to which any patiy may
file written objections. The comi is not bound by the recommendations of the magistrate judge,
but retains responsibility for making the final determination. The comi 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)(l)(C). However, the
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

court 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)(l)(C).
CONCLUSION

Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F&R [28]
in full. I REVERSE and REMAND for fmiher proceedings.

IT IS SO ORDERED.
DATED this

Z/a-

day of December, 2018.

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