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Moore v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Apr 2, 2012
No. 03:10-CV-1526-AC (D. Or. Apr. 2, 2012)

Opinion

No. 03:10-CV-1526-AC

04-02-2012

MICHELLE EMILY MOORE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant.

Tim D. Wilborn Wilborn Law Office, PC Attorney for Plaintiff Adrian L. Brown U.S. Attorney's Office Kathryn Ann Miller Social Security Administration Office of the General Counsel Attorneys for Defendant


ORDER

Tim D. Wilborn

Wilborn Law Office, PC

Attorney for Plaintiff

Adrian L. Brown

U.S. Attorney's Office

Kathryn Ann Miller

Social Security Administration

Office of the General Counsel

Attorneys for Defendant HERNANDEZ, District Judge:

Magistrate Judge Acosta issued a Findings and Recommendation (#16) on February 27, 2012, in which he recommends that this Court reverse and remand the Commissioner's decision for further proceedings. 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 and Recommendation (#16). Accordingly, the Commissioner's final decision is reversed and remanded pursuant to Sentence Four of 42 USC § 405(g) for further proceedings consistent with the Findings and Recommendation.

IT IS SO ORDERED.

_________________

MARCO A. HERNANDEZ

United States District Judge


Summaries of

Moore v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Apr 2, 2012
No. 03:10-CV-1526-AC (D. Or. Apr. 2, 2012)
Case details for

Moore v. Astrue

Case Details

Full title:MICHELLE EMILY MOORE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner…

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

Date published: Apr 2, 2012

Citations

No. 03:10-CV-1526-AC (D. Or. Apr. 2, 2012)