Zamora v. Commissioner of Social Security, No. 3:2010cv00583 - Document 23 (D. Or. 2011)
Court Description: OPINION AND ORDER. Signed on 08/29/2011 by Judge Malcolm F. Marsh. (pvh)
Download PDF
<![CDATA[
FILED:31 AUG' 1114:18uSDC·ORP UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION Case No. CV 10-583 JE DIANNA ZAMORA, Plaintiff, OPINION AND ORDER v. MICHAEL J. ASTRUE, Commissioner of Social Security Defendant. REDDEN, District Judge: On June 29, 2011, Magistrate Judge John Jelderks issued his Findings and Recommendation (doc. 19) in this case, recommending that the court affirm the decision of the Commissioner, and dismiss this action with prejudice. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1 )(B) and Federal Rules of PAGE 1 - OPINION AND ORDER Civil Procedure 72(b) and 54(d)(2)(D). The magistrate judge makes recommendations to the district court, and any party may file written objections to those recommendations. 28 U.S.C. § 636(b)(1 )(C). When a party timely objects to any portion of the magistrate's Findings and Recommendation, the district court must conduct a de novo review of the portions of the Findings and Recommendation to which objections are made. 28 U.S.c. § 636(b)(1)(C); McDonnell Douglas COl]). v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). The district court may then "accept, reject, or modifY the recommended decision, receive further evidence, or recommit the matter to the magistrate with instructions." 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The district COutt is not required to review de novo the factual and legal conclusions to which the parties do not object. Thomas v. Am, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 FJd 1114, 1121 (9th Cir. 2003). Plaintiff filed objections to Magistrate Judge Jelderks's Findings and Recommendation. I have, therefore, given those pottions of the Findings and Recommendation de novo review. I agree with Magistrate Judge Jelderks's analysis and conclusions. 1// /1/ 1// 1// 1// /1/ PAGE 2 - OPINION AND ORDER Plaintiff asserts the same arguments addressed by the Magistrate Judge. Accordingly, I adopt the Findings and Recommendation as my own opinion. I affirm the decision of the Commissioner, and DISMISS this action with prejudice. IT IS SO ORDERED. DATED this ".2.51- day of August, 2011. ~~~/--cr James A. Redden U.S. District Court Judge PAGE 3 - 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.
