Clowson v. Commissioner Social Security Administration
Filing
21
OPINION AND ORDER. Upon review, I agree with Judge You's recommendation and I ADOPT the F&R 19 as my own opinion. The Commissioner's decision is REVERSED and this case is REMANDED for further proceedings. IT IS SO ORDERED. Signed on 7/12/2019 by Judge Michael W. Mosman. (pvh)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION
SHANNON, C., 1
Plaintiff,
No. 6:18-cv-00226-YY
V.
OPINION AND ORDER
ANDREW M. SAUL,
Commissioner of Social Security,
Defendant.
MOSMAN,J.,
On June 17, 2019, Magistrate Judge Youlee Yim You issued her Findings and
Recommendation (F&R) [19], recommending that the Commissioner's decision be REVERSED
and this case REMANDED for further proceedings. Neither party filed objections to the F&R.
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party 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 court is generally required to
make a de novo determination regarding those portions of the report or specified findings or
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
1 - OPINION AND ORDER
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the
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 You's recommendation and I ADOPT the F&R [19] as
my own opinion. The Commissioner's decision is REVERSED and this case is REMANDED
for further proceedings.
IT IS SO ORDERED.
DATED this _
_/_]:'day of July, 2019.
Chief United State
2 - OPINION AND ORDER
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