Clay v. Commissioner Social Security Administration, No. 1:2019cv01598 - Document 23 (D. Or. 2021)

Court Description: OPINION AND ORDER: The Court ADOPTS Judge Clarke's F&R 19 . The Commissioner's decision is AFFIRMED, and this case is dismissed. Signed on 9/27/2021 by Judge Ann L. Aiken. (ck)

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Clay v. Commissioner Social Security Administration Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JULIE L.C.,1 Case No. 1:19-cv-01598-CL OPINION AND ORDER Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. AIKEN, District Judge: Magistrate Judge Mark D. Clarke issued Findings and Recommendation (“F&R”) (doc. 19) on August 10, 2021 in which he recommends that the Commissioner of Social Security’s decision be affirmed. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Plaintiff filed timely objections to the F&R. Doc. 21. Accordingly, I must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); Fed. R. Civ. In the interest of privacy, this Opinion uses only the first name and the initial of the last name of the non-governmental party in this case. 1 Page 1 – OPINION AND ORDER Dockets.Justia.com P. 72(b)(3); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). I have carefully considered plaintiff’s objections and conclude that they do not provide a basis to modify the F&R. I have also reviewed the pertinent portions of the record de novo and find no error in the F&R. Thus, the Court ADOPTS Judge Clarke’s F&R (doc. 19). The Commissioner’s decision is AFFIRMED, and this case is dismissed. IT IS SO ORDERED. 27th day of September 2021. Dated this _____ /s/Ann Aiken __________________________ Ann Aiken United States District Judge Page 2 – OPINION AND ORDER

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