Mielke v. Commissioner of Social Security

Full title: ERIKA A. MIELKE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

Court: United States District Court, D. Oregon, Portland Division

Date published: Mar 29, 2010

Civil Case No. 09-895-ST (D. Or. Mar. 29, 2010)

Opinion

Civil Case No. 09-895-ST.

March 29, 2010

David B. Lowry, Attorney at Law, Portland, Oregon, Attorney for Plaintiff.

Dwight C. Holton, United States Attorney, District of Oregon, Adrian L. Brown, U.S. Attorney's Office, Portland, Oregon.

Franco L. Becia, Assistant Regional Counsel, Social Security Administration, Seattle, Washington, Attorneys for Defendant.

ORDER

GARR KING, District Judge

The Honorable Janice Stewart, United States Magistrate Judge, filed Findings and Recommendation on February 19, 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 (#16) dated February 19, 2010 in its entirety.

IT IS HEREBY ORDERED that the Commissioner's Motion to Dismiss (#8) is granted.

DATED this 29^th day of March, 2010.