Opinion
Civil No. 09-6251-PK.
October 13, 2010
Kathryn Tassinari, Robert A. Baron, Harder, Well, Baron Manning, P.C., Eugene, Oregon, Attorneys for Plaintiff.
Dwight C. Holton, United States Attorney, District of Oregon, Adrian L. Brown, Assistant United States Attorney, United States Attorney's Office, Portland, Oregon, Kathryn Ann Miller, Leisa A. Wolf, Social Security Administration, Office of General Counsel, Seattle, Washington, Attorneys for Defendant.
ORDER
The Honorable Paul Papak, United States Magistrate Judge, filed Findings and Recommendation on September 15, 2010. The matter is before this court. See 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review.Lorin Corp. v. Goto Co., Ltd., 700 F.2nd 1202, 1206 (8th Cir. 1983); See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, I find no error.
Accordingly, I ADOPT Magistrate Judge Papak's Findings and Recommendation dated September 15, 2010 (#17) in its entirety.
IT IS HEREBY ORDERED that the decision of the Commissioner is REVERSED. This action is REMANDED to the Commissioner under sentence four of 42 § USC 405(g) for rehearing. For the period from September 2004 forward, the Commissioner must begin with step two and complete the five-step process.
DATED this 13th day of October, 2010.