Summary
concluding that plaintiff's treating doctor's opinion that plaintiff could not sustain sedentary work was effectively a vocational opinion reserved to the Commissioner
Summary of this case from Brekke v. Comm'r of Soc. Sec.Opinion
No. 6:11-cv-06425-JE
07-19-2013
KATRINA STEINER, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
OPINION AND ORDER
MOSMAN, J.,
On March 20, 2013, Magistrate Judge Jelderks issued his Findings and Recommendation ("F&R") [26] in the above-captioned case, recommending that the Commissioner's final decision be affirmed and that this action be dismissed with prejudice. Plaintiff objected [28], and defendant responded [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 Jelderks's recommendation, and I ADOPT the F&R [26] as my own opinion.
IT IS SO ORDERED.
_______________________
MICHAEL W. MOSMAN
United States District Judge