Knight v. Commissioner Social Security Administration, No. 3:2015cv02262 - Document 23 (D. Or. 2017)

Court Description: OPINION AND ORDER: Upon careful review, I agree with Judge Jelderks's recommendations and I ADOPT the F&R 21 as my own opinion. The Commissioner's decision is REVERSED and REMANDED for further proceedings. Signed on 8/15/2017 by Judge Michael W. Mosman. (jtj)

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Knight v. Commissioner Social Security Administration Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION RACHEL KNIGHT, No. 3:15·cv-02262-JE Plaintiff, OPINION AND ORDER v. COMMISSIONER OF SOCIAL SECURITY, Defendant. MOSMAN,J., On July 26, 2017, Magistrate Judge John Jelderks issued his Findings and Recommendation ("F&R") [21 ], recommending that the Conunissioner's decision should be REVERSED and REMANDED for further proceedings. Neither Defendant nor Plaintiff objected. DISCUSSION The magioirate 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 court is not required to review, de novo or imder 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 with 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). Upon careful review, I agree with Judge Jelderks's recommendations and I ADOPT the F&R [21] as my own opinion. The Commissioner's decision is REVERSED and REMANDED for fmiher proceedings. -- IT IS SO ORDERED. DATED this JS_ day of August, 2017. 2 - OPINION AND ORDER

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