Burritt v. Commissioner, Social Security Administration, No. 3:2010cv01197 - Document 14 (D. Or. 2012)

Court Description: OPINION AND ORDER: Upon review, I agree with the recommendation of Judge Jelderks and I ADOPT the F&R 12 as my own opinion. Signed on 4/17/12 by Judge Michael W. Mosman. (dls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION MIKE BURRITT Plaintiff, No. 3:10-cv-01197-JE v. OPINION AND ORDER MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MOSMAN, J., On March 28, 2012, Magistrate Judge Jelderks issued his Findings and Recommendation ( F&R ) [12] in the above-captioned case, recommending that I affirm the Commissioner s decision denying plaintiff s application for benefits. No objections were filed. 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 of 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 court is not required to review, under a de novo or any other standard, the factual or legal 1 OPINION AND ORDER 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 the recommendation of Judge Jelderks and I ADOPT the F&R [12] as my own opinion. IT IS SO ORDERED. DATED this 17th day of April, 2012. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Court 2 OPINION AND ORDER

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