Opinion
No. 03:11-cv-01498-AC
05-07-2013
JOHNNY DUANE CULLEY, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
ORDER
HERNANDEZ, District Judge:
Magistrate Judge Acosta issued a Findings and Recommendation (#23) on April 2, 2013, in which he recommends that this Court reverse the Commissioner's decision and remand the case for an award of benefits. The matter is now before me 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, I am relieved of my 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, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Acosta's Findings & Recommendation [23]. Accordingly, this case is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g), for an award of benefits, calculated from Culley's alleged onset date of September 12, 2007.
IT IS SO ORDERED.
______________
MARCO A. HERNANDEZ
United States District Judge