Opinion
3:10-CV-6387-PK
11-30-2011
THERESA A. GRAYBEAL Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security Defendant.
RICHARD F. MCGINTY McGinty & Belcher, PC Attorneys for Plaintiff S. AMANDA MARSHALL United States Attorney ADRIAN L. BROWN Assistant United States Attorney BENJAMIN J. GROEBNER Social Security Administration Office of the General Counsel Attorneys for Defendant
OPINION AND ORDER
RICHARD F. MCGINTY
McGinty & Belcher, PC
Attorneys for Plaintiff
S. AMANDA MARSHALL
United States Attorney
ADRIAN L. BROWN
Assistant United States Attorney
BENJAMIN J. GROEBNER
Social Security Administration
Office of the General Counsel
Attorneys for Defendant MARSH, Judge.
On November 2, 2011, Magistrate Judge Paul Papak issued a Findings and Recommendation (#18) recommending that the Commissioner's final decision that plaintiff is not disabled should be reversed and remanded to the Commissioner for further proceedings. 28 U.S.C. § 636(b)(1)(B); F.R.C.P. 72(b).
No objections to Judge Papak's Findings and !Recommendation have been timely filed. This Court, therefore, 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). Accordingly, the court has reviewed the legal principles de novo and finds no error. The Court, therefore, ADOPTS the Findings and Recommendation (#18), REVERSES the Commissioner's final decision, and REMANDS this matter for further proceedings as recommended by Judge Papak.
IT IS SO ORDERED.
Malcolm F. Marsh
United States District Court Judge