Summary
affirming ALJ's decision based on substantial evidence to discount plaintiff's credibility in light of positive Waddell's test
Summary of this case from Gibson v. Commissioner of Social SecurityOpinion
Civil Case No. 08-1148-JE.
February 17, 2010
Richard F. McGinty, McGinty Belcher, Salem, Oregon, Attorney for Plaintiff.
Dwight C. Holton, Acting United States Attorney, Adrian L. Brown, Assistant United States Attorney, Portland, Oregon, Attorneys for Defendant.
ORDER
The Honorable John Jelderks, United States Magistrate Judge, filed Findings and Recommendation on January 6, 2010. Plaintiff filed timely objections to the Findings and Recommendation.
When either party objects to any portion of a magistrate's Findings and Recommendation concerning a dispositive motion or prisoner petition, the district court must make a de novo determination of that portion of the magistrate's report. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). This court has, therefore, given de novo review of the rulings of Magistrate Judge Jelderks.
This court ADOPTS the Findings and Recommendation of Magistrate Judge Jelderks (#21) dated January 6, 2010 in its entirety.
IT IS HEREBY ORDERED that the Commissioner's decision is AFFIRMED and this case is DISMISSED.