Summary
holding that the Commissioner did not reopen prior disability claim when "[t]he ALJ did not delve deeply into the merits of Claimant's first claim, and specifically concluded that Claimant's petition to reopen was denied on the basis of res judicata"
Summary of this case from Concannon v. SaulOpinion
No. 2:12-cv-01147-AC
10-06-2014
GARY NEEDHAM, O/B/B ALICE NEEDHAM, DECEASED, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
OPINION AND ORDER
,
On July 31, 2014, Magistrate Judge Acosta issued his Findings and Recommendation ("F&R") [26] in the above-captioned case, finding that this court has no jurisdiction to review the merits of this case and recommending that I grant the Commissioner's motion to dismiss [22]. Plaintiff objected [28] to the F&R, and Defendant filed a response [29].
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The court is generally required to make a de novo determination regarding those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court is not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on whether or not objections have been filed, in either case, I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C).
Upon review, I agree with Judge Acosta's recommendation, and I ADOPT the F&R [26] as my own opinion.
IT IS SO ORDERED.
DATED this 6th day of October, 2014.
/s/ Michael W. Mosman
MICHAEL W. MOSMAN
United States District Judge