Hofer v. Commissioner Social Security Administration
Filing
20
OPINION & ORDER. Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R 18 as my own opinion. The Commissioner's decision is REVERSED and this case is REMANDED for further proceedings. IT IS SO ORDERED. Signed on 10/2/2019 by Judge Michael W. Mosman. (gw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
JORDAN H.,1
No. 6:18-cv-00980-SB
Plaintiff,
v.
OPINION & ORDER
ANDREW M. SAUL,
Commissioner of Social Security,
Defendant.
MOSMAN, J.,
On July 18, 2019, Magistrate Judge Stacie F. Beckerman issued her Findings and
Recommendation (“F&R”) [18], recommending that the Commissioner’s decision be
REVERSED and REMANDED for further proceedings. Neither party objected.
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 report or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(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)(1)(C).
Upon review, I agree with Judge Beckerman’s recommendation and I ADOPT the F&R
[18] as my own opinion. The Commissioner’s decision is REVERSED and this case is
REMANDED for further proceedings.
IT IS SO ORDERED.
2
DATED this ____ day of October, 2019.
___________________________
MICHAEL W. MOSMAN
Chief United States District Judge
2 – OPINION AND ORDER
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