Tate v. Comm'r of Soc. Sec.

Full title: MICHAEL A. TATE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Oct 21, 2011

Case No. 3:10-cv-440-JE (D. Or. Oct. 21, 2011)

Opinion

Case No. 3:10-cv-440-JE

10-21-2011

MICHAEL A. TATE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Malcolm F. Marsh

ORDER

MARSH, Judge

Magistrate John Jelderks issued a Findings and Recommendation (#23) on July 27, 2011. The Magistrate Judge recommends that the Commissioner's final decision should be affirmed. The matter is now before me pursuant to 28 U.S.C. § 636(b) (1) (B) and Federal Rule of Civil Procedure 72(b).

Despite seeking two extensions of time to file objections, plaintiff filed none. Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988). Having reviewed the legal principles de novo, the court does not find any error.

CONCLUSION

The court ADOPTS Magistrate Judge Jelderks Findings and Recommendation (#23). Accordingly, the Commissioner's decision is AFFIRMED and this proceeding is DISMISSED.

IT IS SO ORDERED.

Malcolm F. Marsh

United States District Judge