Opinion
No. 3:12-cv-02307-SU
07-24-2014
CHRISTINE A. PRZYCHOCKI, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
OPINION AND ORDER
MOSMAN, J.,
On April 24, 2014, Magistrate Judge Sullivan issued her Findings and Recommendation ("F&R") [27] in the above-captioned case, recommending that the Commissioner's decision be affirmed and this case dismissed. Plaintiff Ms. Przychocki objected [31] and Defendant responded [32].
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may file written objections. I am not bound by the recommendations of the magistrate judge; instead, I retain responsibility for making the final determination. I am required to review de novo those portions of the report or any specified findings or recommendations within it to which an objection is made. 28 U.S.C. § 636(b)(1). However, I am 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 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).
Upon review, I agree with Judge Sullivan's recommendation, and I ADOPT the F&R [27] as my own opinion.
IT IS SO ORDERED.
__________
MICHAEL W. MOSMAN
United States District Judge