Zakhel v. Commissioner Social Security Administration, No. 3:2017cv01018 - Document 25 (D. Or. 2018)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Papak's recommendation and I ADOPT the F&R 22 in full. The Commissioners decision is AFFIRMED. Signed on 9/26/18 by Judge Michael W. Mosman. (dls)

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Zakhel v. Commissioner Social Security Administration Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION SAID Z. l , No. 3:17-cv-01018-JR Plaintiff, OPINION AND ORDER V. NANCY A. BERRYHILL, Acting Commissioner of the Social Secm ity Administration, Defendant. MOSMAN, J., On August 6, 2018, Magistrate Judge Paul Papak issued his Findings and Recommendation (F&R) [22], recommending that the Cormnissioner 's decision be affi1med. No objections were filed. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. The comi is not bound by the recormnendations of the magistrate judge, but retains responsibility for making the final dete1mination. The comi is generally required to 1 In the interest of privacy, this opinion uses only the first name and the initial of the last name of the non-governmental paiiy or pa1i ies in this case. Where applicable, this opinion uses the same designation for a non-governmental paiiy's irmnediate fainily member(s). 1 - OPINION AND ORDER Dockets.Justia.com make a de novo detennination regarding those portions of the repo1i or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l )(C). However, the comi is not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those po1iions 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 scrntiny 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 paii of the F&R. 28 U.S .C. § 636(b)(l)(C). Upon review, I agree with Judge Papak's recommendation and I ADOPT the F&R [22] in full. The Commissioner 's decision is AFFIRMED. IT IS SO ORDERED. DATED this -1§__ day of September, 2018. Isl M1chaet iv. MosMaJt MICHAEL W. MOSMAN Chief United States District Judge 2 - OPINION AND ORDER

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