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Fobert v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Aug 20, 2012
3:11-CV-06195-JE (D. Or. Aug. 20, 2012)

Opinion

3:11-CV-06195-JE

08-20-2012

LEONARD FOBERT, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.


ORDER

BROWN, Judge.

Magistrate Judge John Jelderks issued Findings and Recommendation (#12) on July 26, 2012, in which he recommends this Court reverse the Commissioner's decision denying Plaintiff's application for Supplemental Security Income (SSI) benefits and remand this matter for an award of benefits. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). See also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Jelderks's Findings and Recommendation (#12) . Accordingly, the Court REVERSES the Commissioner's decision to deny Plaintiff's application for SSI benefits and REMANDS this matter for the immediate calculation and award of benefits.

IT IS SO ORDERED.

____________________

ANNA J. BROWN

United States District Judge


Summaries of

Fobert v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Aug 20, 2012
3:11-CV-06195-JE (D. Or. Aug. 20, 2012)
Case details for

Fobert v. Astrue

Case Details

Full title:LEONARD FOBERT, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Aug 20, 2012

Citations

3:11-CV-06195-JE (D. Or. Aug. 20, 2012)