Opinion
Civil Case No. 09-6099-ST.
June 22, 2010
Richard F. McGinty, McGinty Belcher, PC, Salem, Oregon, Attorney for Plaintiff.
Dwight C. Holton, United States Attorney, District of Oregon, Adrian L. Brown, Assistant United States Attorney, Portland, Oregon, Willy M. Le, Social Security Administration, Office of the General Counsel, Seattle, Washington, Attorneys for Defendant.
ORDER
The Honorable Janice M. Stewart, United States Magistrate Judge, filed Findings and Recommendation on May 26, 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 Stewart's Findings and Recommendation (#20) dated May 26, 2010 in its entirety.
IT IS HEREBY ORDERED that the Commissioner's Motion to Remand (#18) is GRANTED in part and DENIED in part, and the Commissioner's decision is REVERSED AND REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for the calculation and award of benefits.