Marney v. Commissioner Social Security Administration, No. 3:2015cv01759 - Document 35 (D. Or. 2017)

Court Description: OPINION AND ORDER - Adopting Findings and Recommendation 33 as my own opinion. The Commissioner's decision is REVERSED and this action is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. Signed on 9/29/2017 by Judge Michael W. Mosman. (pg)

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Marney v. Commissioner Social Security Administration Doc. 35 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION DARLA MARNEY, No. 3:15-cv-01759-JE Plaintiff, OPINION AND ORDER v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. MOSMAN,J., On September 12, 2017, Magistrate Judge John Jelderks issued his Findings and Recommendation ("F&R") [33], recommending that the Commissioner's decision be REVERSED and this action be REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for fmiher administrative proceedings. Defendant did not object. 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 comi 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 I - OPINION AND ORDER Dockets.Justia.com is not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those potiions 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 pati of the F&R. 28 U.S.C. § 636(b)(l)(C). Upon careful review, I agree with Judge Jelderks's recommendation and ADOPT the F&R [33] as my own opinion. The Commissioner's decision is REVERSED and this action is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. ITIS SO ORDERED. DATED this '2'1day of September, 2017. 2 - OPINION AND ORDER

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