McNair v. Commissioner Social Security Administration

Filing 46

ORDER. The Court adopts Magistrate Judge You's Findings and Recommendation 43 . Accordingly, Plaintiff's claims for compensatory and punitive damages as well as his request for court-ordered premarital counseling are dismissed wi th prejudice. His claim for benefits is dismissed without prejudice for the period from July 2018 through October 2018, but dismissed with prejudice for any relief he seeks after his benefits were reinstated in November 2018. IT IS SO ORDERED. Signed on 6/10/2019 by Judge Marco A. Hernandez. (pvh)

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

TIMOTHY M.,1

No. 6:18-cv-00384-YY
Plaintiff,

ORDER

v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge You issued a Findings and Recommendation [43] on May 23, 2019, in
which she recommends the Court GRANT the Commissioner’s motion to dismiss. The matter is
now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

1

In the interest of privacy, this order uses only the first name and the initial of the last name of the nongovernmental party or parties in this case.

1 - ORDER

Because no objections to the Magistrate Judge’s Findings and Recommendation were
timely filed, I am relieved of my 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, I find no error.
CONCLUSION
The Court adopts Magistrate Judge You’s Findings and Recommendation [43].
Accordingly, Plaintiff’s claims for compensatory and punitive damages as well as his request for
court-ordered premarital counseling are dismissed with prejudice. His claim for benefits is
dismissed without prejudice for the period from July 2018 through October 2018, but dismissed
with prejudice for any relief he seeks after his benefits were reinstated in November 2018.
IT IS SO ORDERED.

DATED this

day of ___________________, 2019.

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER