Cass v. Commissioner Social Security Administration, No. 3:2009cv06030 - Document 18 (D. Or. 2010)
Court Description: OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 16 : The Commissioner's decision is Affirmed. Signed on 3/30/10 by Judge Michael W. Mosman. (gm)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON FILED'lO r1AR 30 13:50USDC·QRP PORTLAND DIVISION LAVERNE DALE CASS, No. CV 09-6030-PK Plaintiff, OPINION AND ORDER v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MOSMAN,J., On March 4, 2010, Magistrate Judge Papak issued Findings and Recommendation ("F&R") (#16) in the above-captioned case recommending that I AFFIRM the Commissioner's decision. No objections to the F&R were filed. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. The COUlt is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The COUlt is generally required to make a de novo determination of those pOltions of the repOlt or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the cOUlt is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions ofthe F&R to which no objections are addressed. See Thomas v. Am, 474 PAGE I - OPINION AND ORDER 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 ofthe magistrate judge's F&R. 28 U.S.C. § 636(b)(1)(C). Upon review, I agree with Judge Papak's recommendation, and I ADOPT the F&R (#16) as my own opinion. The Commissioner's decision is AFFIRMED. IT IS SO ORDERED. DATED this ~day of March, 2010. MICHAEL W. MOS United States District Court PAGE 2 - OPINION AND ORDER
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
