Bruesch v. Commissioner Social Security Administration, No. 3:2012cv01453 - Document 27 (D. Or. 2014)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Hubels recommendation and ADOPT the F&R 22 as my own opinion. Signed on 1/23/14 by Judge Michael W. Mosman. (dls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION JEANNIE NICOLE BRUESCH, No. 3:12-cv-01453-HU Plaintiff, OPINION AND ORDER v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MOSMAN, J., On November 22, 2013, Magistrate Judge Hubel issued his Findings and Recommendation ( F&R ) [22] in the above-captioned case, recommending that the Commissioner s final decision be AFFIRMED. Plaintiff objected [24] and Defendant responded [26]. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The court is generally required to make a de novo determination regarding those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the 1 OPINION AND ORDER court is not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 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 part of the F&R. 28 U.S.C. § 636(b)(1)(C). Upon review, I agree with Judge Hubel s recommendation and ADOPT the F&R [22] as my own opinion. IT IS SO ORDERED. DATED this 23rd day of January, 2014. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Judge 2 OPINION AND ORDER

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