Deinlein v. Commissioner Social Security Administration, No. 3:2010cv00118 - Document 22 (D. Or. 2011)

Court Description: OPINION AND ORDER. I Adopt Magistrate Judge Hubel's Findings and Recommendation 20 as my own opinion. I REVERSE the decision of the Commissioner and REMAND this matter for further development of the record and reconsideration by the ALJ. IT IS SO ORDERED. Signed on 6/15/2011 by Judge James A. Redden. (pvh)

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UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION KIMBERLY DEINLEIN, Civ. No. 10-118-HU Plaintiff, OPINION AND ORDER v. COMMISSIONER OF SOCIAL SECURITY, Defendant. REDDEN, Judge: On May 6, 2011, Magistrate Judge Dennis Hubel filed his Findings and Recommendation (doc. 20) that the court reverse the decision of the Commissioner of Social Security and remand for further development of the record and reconsideration by an Administrative Law Judge ("AL1"). The matter is now before this court. 28 U.S.C. § 636(b)(l)(A); Fed. R. Civ. P. 72(b). PAGE I - OPINION AND ORDER Neither party timely filed objections. This relieves me of my obligation to review Magistrate Judge Hubel's factual findings 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. Revna-Tapi!!, 328 F.3d 1114, 1121 (9th Cir. 2003). Having reviewed the legal principles de novo, I find no error. Accordingly, I ADOPT Magistrate Judge Hubel's Findings and Recommendation (doc. 20) as my own opinion. I REVERSE the decision of the Commissioner and REMAND this matter for further development of the record and reconsideration by the ALJ. IT IS SO ORDERED. DATED this -.!£ day of June, 2011. \ PAGE 2 - OPINION AND ORDER '-::: ames A. Redden United States District Judge

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