Sample v. Colvin

Full title: JASON SAMPLE, Plaintiff, v. CAROLYN W. COLVIN, Commissioner, Social…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Oct 28, 2015

6:14-CV-01112-ST (D. Or. Oct. 28, 2015)

Opinion

6:14-CV-01112-ST

10-28-2015

JASON SAMPLE, Plaintiff, v. CAROLYN W. COLVIN, Commissioner, Social Security Administration, Defendant.

BROWN, Judge.

ORDER

BROWN, Judge.

Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#25) on September 29, 2015, in which she recommends this Court reverse and remand the Commissioner's decision denying Plaintiff's applications for supplemental security income benefits and disability insurance benefits for the immediate calculation and payment of benefits. The matter is now before this Court 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, this Court is relieved of its obligation to review the record de novo. See Dawson v. Marshall, 561 F.3d 930, 932 (9^th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003)(en banc). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation (#25). Accordingly, the Court REVERSES the decision of the Commissioner and REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for the immediate calculation and award of benefits.

IT IS SO ORDERED.

DATED this 28^th day of October, 2015.

Anna J. Brown

ANNA J. BROWN

United States District Judge