Opinion
No. 6:16-cv-01105-YY
01-27-2018
JAMES C. GARDNER, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
ORDER :
Magistrate Judge Youlee Yim You issued a Findings and Recommendation [20] on November 29, 2017, in which she recommends that the Court reverse the Commissioner's final decision denying Mr. Gardner's application for disability insurance benefits and social security insurance and remand the case for further administrative proceedings.
Because neither party timely filed an objection to the Magistrate Judge's Findings and Recommendation, the 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) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge You's Findings & Recommendation [20]. Accordingly, the Commissioner's final decision denying Mr. Gardner's application for disability insurance benefits and social security insurance is reversed and this case is remanded to the Commissioner for further administrative proceedings.
IT IS SO ORDERED.
DATED this 27 day of January, 2018.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge