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Tester v. Colvin

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Jan 17, 2014
3:12-CV-01313-HU (D. Or. Jan. 17, 2014)

Opinion

3:12-CV-01313-HU

01-17-2014

EDWARD TESTER, Plaintiff, v. CAROLYN W. COLVIN, Commissioner Social Security Administration, Defendant.


ORDER

BROWN, Judge.

Magistrate Judge Dennis James Hubel issued Findings and Recommendation (#15) on November 22, 2013, in which he recommends the Court affirm the Commissioner's decision denying Plaintiff's application for disability insurance benefits. Plaintiff filed timely Objections to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1). See also Dawson v. Marshall, 561 F.3d 930, 932 (9 Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9 Cir. 2003)(en banc).

In his Objections, Plaintiff reiterates the arguments contained in his Brief and Reply Brief. This Court has carefully considered Plaintiff's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation (#15). Accordingly, the Court AFFIRMS the Commissioner's decision and DISMISSES this matter.

IT IS SO ORDERED.

__________

ANNA J. BROWN

United States District Judge


Summaries of

Tester v. Colvin

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Jan 17, 2014
3:12-CV-01313-HU (D. Or. Jan. 17, 2014)
Case details for

Tester v. Colvin

Case Details

Full title:EDWARD TESTER, Plaintiff, v. CAROLYN W. COLVIN, Commissioner Social…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Jan 17, 2014

Citations

3:12-CV-01313-HU (D. Or. Jan. 17, 2014)