McKinney v. Commissioner Social Security Administration, No. 3:2009cv06348 - Document 25 (D. Or. 2011)
Court Description: OPINION AND ORDER. I ADOPT Magistrate Judge Papak's Findings and Recommendation 23 . This action is REMANDED to the Commissioner for further proceedings consistent with this Opinion. IT IS SO ORDERED. Signed on 03/03/2011 by Judge James A. Redden. (pvh)
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FILED' 11 ~1AR 3 1:3:49usDC·QRP UNITED STATES DISTRICT COURT· DISTRICT OF OREGON PORTLAND DIVISION JENNIFER McKINNEY, on behalf of KENNETH McKinney, Plaintiff, CV 09-6348-PK OPINION AND ORDER v. MICHAEL J. ASTRUE, Commissioner of Social Security Defendant. REDDEN, Judge: On Februmy 7,2011, Magistrate Judge Paul Papak filed Findings and Recommendation (doc. 23) that the court remand this action to the Commissioner for futther administrative proceedings. The matter is now before me. See 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. PAGE 1 - OPINION AND ORDER neb). Neither party timely filed objections. This relieves me of my obligation to review Magistrate Judge Papak's factual and legal conclusions de novo. 28 U.S.C. § 636(b)(1)(C); see also Thomas v. Am, 474 U.S. 140,149-50 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, li21 (9th Cir. 2003). Having reviewed the record, I find no error. Accordingly, I ADOPT Magistrate Judge Papak's Findings and Recommendation (doc. 23), and REMAND this action to the Commissioner for fUliher proceedings consistent with this opinion. IT IS SO ORDERED. DATED this <) t day of March, 2011. tates District Judge PAGE 2 - OPINION AND ORDER
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