Rhodes v. Commissioner Social Security Administration, No. 3:2013cv00362 - Document 22 (D. Or. 2014)

Court Description: OPINION AND ORDER: I agree with Judge Papaks recommendation, and I ADOPT the F&R 18 as my own opinion. The Commissioners final decision to deny Ms. Rhodess applications for disability insurance benefits and supplemental security income is AFFIRMED. Ordered by Judge Michael W. Mosman. (dls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION DONNA RHODES, No. 3:13-cv-00362-PK Plaintiff, OPINION AND ORDER v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MOSMAN, J., On June 27, 2014, Magistrate Judge Papak issued his Findings and Recommendation ( F&R ) [18] in the above-captioned case, recommending that the final decision of the Commissioner be affirmed. Ms. Rhodes objected [20] and the Commissioner responded [21]. 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 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, 1 OPINION AND ORDER 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). I agree with Judge Papak s recommendation, and I ADOPT the F&R [18] as my own opinion. The Commissioner s final decision to deny Ms. Rhodes s applications for disability insurance benefits and supplemental security income is AFFIRMED. IT IS SO ORDERED. DATED this 13th day of August, 2014. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Judge 2 OPINION AND ORDER

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