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Duncan v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Dec 22, 2011
No. CV. 3:10-3084-AC (D. Or. Dec. 22, 2011)

Opinion

No. CV. 3:10-3084-AC

12-22-2011

TINA DUNCAN, on behalf of GABRIEL DOW, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant.

Philip W. Studenberg ATTORNEY AT LAW Attorney for Plaintiff Adrian L. Brown U.S. ATTORNEY'S OFFICE Willy M. Le SOCIAL SECURITY ADMINISTRATION Office of the General Counsel Attorneys for Defendant


Philip W. Studenberg

ATTORNEY AT LAW

Attorney for Plaintiff

ORDER

Adrian L. Brown

U.S. ATTORNEY'S OFFICE

Willy M. Le

SOCIAL SECURITY ADMINISTRATION

Office of the General Counsel

Attorneys for Defendant HERNANDEZ, District Judge:

Magistrate Judge John V. Acosta issued a Findings and Recommendation (doc. #14) on November 21, 2011, in which he recommends that the Commissioner's final decision in connection with Plaintiff's November 17, 2007, application for supplemental security income benefits ("SSI Benefits") be affirmed. 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 Findings and Recommendation (doc. #14). Accordingly, the Commissioner's final decision in connection with Plaintiff's November 17, 2007, application for SSI Benefits is affirmed.

IT IS SO ORDERED.

_________________

MARCO A. HERNANDEZ

United States District Judge


Summaries of

Duncan v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Dec 22, 2011
No. CV. 3:10-3084-AC (D. Or. Dec. 22, 2011)
Case details for

Duncan v. Astrue

Case Details

Full title:TINA DUNCAN, on behalf of GABRIEL DOW, Plaintiff, v. MICHAEL J. ASTRUE…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Date published: Dec 22, 2011

Citations

No. CV. 3:10-3084-AC (D. Or. Dec. 22, 2011)