Villalobos v. Commissioner SSA, No. 6:2012cv01846 - Document 16 (D. Or. 2014)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Sullivans recommendation, and I ADOPT the F&R 14 as my own opinion. Signed on 1/9/14 by Judge Michael W. Mosman. (dls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PENDLETON DIVISION JUAN VILLALOBOS, No. 6:12-cv-01846-SU Plaintiff, OPINION AND ORDER v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MOSMAN, J., Plaintiff Juan Villalobos filed a complaint [1] seeking review of the Commissioner of Social Security s final decision denying his application for disability insurance benefits and supplemental security income. Judge Sullivan recommended [14] that the Commissioner s decision be affirmed. Neither party filed objections. 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 1 OPINION AND ORDER 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 [14] as my own opinion. IT IS SO ORDERED. DATED this 9th day of January, 2014. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Judge 2 OPINION AND ORDER

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