Albano v. Commissioner Social Security Administration, No. 3:2013cv01303 - Document 33 (D. Or. 2015)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Jelderkss recommendation and I ADOPT the F&R 24 as my own opinion. Signed on 9/24/15 by Judge Michael W. Mosman. (dls)

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Albano v. Commissioner Social Security Administration Doc. 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION JEANNIE R. ALBANO, No. 3:13-cv-1303-JE Plaintiff, OPINION AND ORDER v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MOSMAN, J., On August 11, 2015, Magistrate Judge John Jelderks issued his Findings and Recommendation [24], recommending that the Commissioner of Social Security’s decision should be AFFIRMED and that Plaintiff Carolyn Colvin’s action should be DISMISSED with prejudice. Plaintiff objected [29] and Defendant responded [32]. 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)(1)(C). However, the court is not required to review, de novo or under any other standard, the factual or legal conclusions of 1 – OPINION AND ORDER Dockets.Justia.com 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 Judge Jelderks’s recommendation and I ADOPT the F&R [24] as my own opinion. IT IS SO ORDERED. DATED this 24th day of September, 2015. /s/ Michael W. Mosman ___ MICHAEL W. MOSMAN United States District Judge 2 – OPINION AND ORDER

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