Wiedrich v. Commissioner Social Security Administration, No. 1:2017cv01041 - Document 28 (D. Or. 2018)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R 26 in full. I REVERSE and REMAND for further proceedings. Signed on 12/26/18 by Judge Michael W. Mosman. (dls)
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Wiedrich v. Commissioner Social Security Administration Doc. 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION TIMOTHY W., 1 Plaintiff, Case No. 1:17-cv-01041-SB v. OPINION AND ORDER NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. MOSMAN,J., On October 16, 2018, Magistrate Judge Stacie F. Beckerman issued her Findings and Recommendation (F&R) [26], recommending that I REVERSE and REMAND for further proceedings. Neither party objected. 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)(l)(C). However, the 1 In the interest of privacy, this opinion uses only the first name and the initial of the last name of the nongovernmental party in this case. 1 - OPINION AND ORDER Dockets.Justia.com 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)(l)(C). CONCLUSION Upon review, I agree with Judge Beckennan's recommendation and I ADOPT the F&R [26] in full. I REVERSE and REMAND for further proceedings. IT IS SO ORDERED. DATED this 2 z..6- day of December, 2018. OPINION AND ORDER