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Sweeney-Emanuel v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Nov 29, 2012
No. 3:11-cv-00962-JE (D. Or. Nov. 29, 2012)

Opinion

No. 3:11-cv-00962-JE

11-29-2012

LA'DRINA SWEENEY-EMANUEL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.


OPINION AND ORDER

MOSMAN, J.,

On November 1, 2012, Magistrate Judge Jelderks issued his Findings and Recommendation ("F&R") [19] in the above-captioned case, recommending that a judgment be entered reversing the Commissioner's decision and that the action be remanded to the Agency for further proceedings. No objections were filed.

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 [19] as my own opinion.

IT IS SO ORDERED.

______________________

MICHAEL W. MOSMAN

United States District Judge


Summaries of

Sweeney-Emanuel v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Nov 29, 2012
No. 3:11-cv-00962-JE (D. Or. Nov. 29, 2012)
Case details for

Sweeney-Emanuel v. Astrue

Case Details

Full title:LA'DRINA SWEENEY-EMANUEL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Date published: Nov 29, 2012

Citations

No. 3:11-cv-00962-JE (D. Or. Nov. 29, 2012)