Bigelow v. Commissioner Social Security Administration, No. 6:2017cv01920 - Document 23 (D. Or. 2019)
Court Description: OPINION AND ORDER: I ADOPT Judge Kasubhai's F&R 21 . Signed on 4/29/2019 by Judge Ann L. Aiken. (ck)
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Bigelow v. Commissioner Social Security Administration Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON Case No. 3;17-cv-01920-MK OPINION & ORDER JAiv1ES B.1 Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY2, Defendant. AIKEN, District Judge: Magistrate Judge Mustafa T. Kasubhai filed his Findings and Recommendation ("F&R'') (doc. 21) on March 28, 2019. The matter is now before me. In the interest of privacy, this opinion uses only the first name and the initial of the last name of the non-governmental party in this case. Where applicable, this opinion uses the same designation for a non-governmental party's immediate family member. 1 Nancy A. Berryhill's term as the Acting Commissioner of the Social Security Administration ended on November 17, 2017, and a new Commissioner has not been appointed. The official title of the head of the Social Security Administration ("SSA") is the "Commissioner of Social Security." 42 U.S.C. § 902(a)(l). A "public officer who sues or is sued in an official capacity may be designated by official title rather than by name." Fed. R. Civ. P. 17(d). This Court, therefore, refers to Defendant only as Commissioner of Social Security. 2 Page 1 OPINION AND ORDER Dockets.Justia.com See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72. No objections have been timely filed. Although this relieves me of my obligation to perform a de novo review, I retain the obligation to "make an informed, final determination." Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983), overruled on other grounds, United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en bane). The Magistrates Act does not specify a standard of review in cases where no objections are filed. Ray v. Astrue, 2012 WL 1598239, *1 (D. Or. May 7, 2012). Following the recommendation of the Rules Advisory Committee, I review the F&R for "clear error on the face of the record[,]" Fed. R. Civ. P. 72 advisory committee's note (1983) (citing Campbell v. United States District Court, 501 F.2d 196, 206 (9th Cir. 1974)); see also United States v. Vonn, 535 U.S. 55, 64 n.6 (2002) (stating that, "[i]n the absence of a clear legislative mandate, the Advisory Committee Notes provide a reliable source of insight into the meaning of' a federal rule). Having reviewed the file of this case, I find no clear error. THEREFORE, IT IS HEREBY ORDERED that I ADOPT Judge Kasubhai's F&R (doc. 21). Dated thisJiq day of J}pi~e 2019. Ann Aiken United States District Judge Page 2 - OPINION AND ORDER
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