Nelson v. Astrue

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION AFFIRMING THE COMMISSIONER, re 19 Report and Recommendation. Signed by Judge Robert J. Bryan. (JL)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TIMOTHY RICHARD NELSON,
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Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,

CASE NO. C12-5540 RJB
ORDER ADOPTING REPORT AND
RECOMMENDATION AFFIRMING
THE COMMISSIONER

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Defendant.
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This matter comes before the Court on the Report and Recommendation of the U.S.

16 Magistrate Judge J. Richard Creatura, recommending that the Court affirm the decision of the
17 Social Security Administration that denied Plaintiff’s application for disability insurance
18 benefits. Dkt. 19. The Plaintiff has not filed objections to the Report and Recommendation.
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The Court must uphold a decision of Defendant based on substantial evidence and free of

20 legal error. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir. 2005); 42 U.S.C. § 405(g). The
21 Court need only make a de novo determination of the portions of Magistrate Judge Creatura’s
22 Report and Recommendation to which Plaintiff makes objections. 28 U.S.C. § 636(b)(1).
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ORDER ADOPTING REPORT AND
RECOMMENDATION AFFIRMING THE
COMMISSIONER - 1

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The Court, having reviewed Plaintiff’s Complaint, the Report and Recommendation of

2 Judge J. Richard Creatura, United States Magistrate Judge, and the remaining record, does
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(1)

The Court adopts the Report and Recommendation (Dkt. 19).

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(2)

The administrative decision is AFFIRMED.

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(3)

The Clerk is directed to enter JUDGMENT for Defendant and the case should be

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closed.

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(4)

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Dated this 3rd day of February, 2014.

The Clerk is directed to send copies of this Order to counsel of record.

A

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ROBERT J. BRYAN
United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION AFFIRMING THE
COMMISSIONER - 2