Przychocki v. Commissioner Social Security Administration, No. 3:2012cv02307 - Document 33 (D. Or. 2014)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Sullivans recommendation, and I ADOPT the F&R 27 as my own opinion. Signed on 7/24/14 by Judge Michael W. Mosman. (dls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION CHRISTINE A. PRZYCHOCKI, No. 3:12-cv-02307-SU Plaintiff, OPINION AND ORDER v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MOSMAN, J., On April 24, 2014, Magistrate Judge Sullivan issued her Findings and Recommendation ( F&R ) [27] in the above-captioned case, recommending that the Commissioner s decision be affirmed and this case dismissed. Plaintiff Ms. Przychocki objected [31] and Defendant responded [32]. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. I am not bound by the recommendations of the magistrate judge; instead, I retain responsibility for making the final determination. I am required to review de novo those 1 OPINION AND ORDER portions of the report or any specified findings or recommendations within it to which an objection is made. 28 U.S.C. § 636(b)(1). However, I am 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 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). Upon review, I agree with Judge Sullivan s recommendation, and I ADOPT the F&R [27] as my own opinion. IT IS SO ORDERED. DATED this 24th day of July, 2014. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Judge 2 OPINION AND ORDER

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