Theodore v. Commissioner Social Security Administration, No. 3:2017cv00749 - Document 22 (D. Or. 2018)

Court Description: OPINION AND ORDER. I agree with Judge Beckerman's recommendation and I ADOPT the F&R 20 as my own opinion. The Commissioner's decision is REVERSED and this case is REMANDED for further administrative proceedings. IT IS SO ORDERED. Signed on 6/20/2018 by Judge Michael W. Mosman. (gw)
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Theodore v. Commissioner Social Security Administration Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION RICHARD THEODORE, Case No. 3:17-cv-00749-SB Plaintiff, v. OPINION & ORDER NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. MOSMAN,J., On June 4, 2018, Magistrate Judge Stacie F. Beckerman issued her Findings and Recommendation (F&R) [20], recommending that the Commissioner's decision be REVERSED and REMANDED for further administrative proceedings. 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 nova 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 nova 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)(l)(C). Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R [20] as my own opinion. The Commissioner's decision is REVERSED and this case is REMANDED for further administrative proceedings. IT IS SO ORDERED. DATED this 2 - OPINION AND ORDER of June, 2018.