Wallace v. Commissioner Social Security Administration

Filing 18

Opinion and Order. Upon review, I agree with Judge You's recommendation and I ADOPT the F&R 16 in full. The Commissioner's decision is AFFIRMED. IT IS SO ORDERED. Signed on 1/30/2019 by Chief Judge Michael W. Mosman. (pvh)

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

ALLENM. W., 1
No. 6:17-cv-01458-YY
Plaintiff,
OPINION AND ORDER
V.

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

MOSMAN,J.,
On January 7, 2019, Magistrate Judge Youlee Yim You issued her Findings and
Recommendation (F&R) [16], recommending that I affirm the Commissioner's decision. No
objections were filed.

DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The court is not bound by the recommendations of the magistrate judge,
but retains responsibility for making the final determination. The court is generally required to
make a de novo determination regarding those portions of the repmi or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the comi

1

In the interest of privacy, this opinion uses only the first name and the initial of the last name
of the non-governmental paiiy in this case.
1

OPINION AND ORDER

is not required to review, de nova 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).
Upon review, I agree with Judge You's recommendation and I ADOPT the F&R [16] in
full. The Commissioner's decision is AFFIRMED.
IT IS SO ORDERED.
DATED this

day of January, 2019.

2 - OPINION AND ORDER