Opinion
3:10-CV-1301-AC
01-09-2012
PHYLLIS TOWN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Merrill Schneider SCHNEIDER LAW OFFICERS Attorney for Plaintiff Adrian L. Brown U.S. ATTORNEY'S OFFICE District of Oregon David J. Burdett SOCIAL SECURITY ADMINISTRATION Office of the General Counsel Attorneys for Defendant
ORDER
Merrill Schneider
SCHNEIDER LAW OFFICERS
Attorney for Plaintiff
Adrian L. Brown
U.S. ATTORNEY'S OFFICE
District of Oregon
David J. Burdett
SOCIAL SECURITY ADMINISTRATION
Office of the General Counsel
Attorneys for Defendant HERNANDEZ, District Judge:
Magistrate Judge John V. Acosta issued a Findings and Recommendation (doc. #22) on December 19, 2011, in which he recommends that the Social Security Commissioner's (the "Commissioner") final decision in connection with Plaintiff's application for Disability Insurance Benefits under Title II of the Social Security Act be reversed and remanded to the Commissioner for reconsideration. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Rule 72(b) of the Federal Rules of Civil Procedure.
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) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error.
CONCLUSION
The court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (doc. #22). Accordingly, the Commissioner's final decision in connection with Plaintiff's application for Disability Insurance Benefits is reversed and remanded to the Commissioner for reconsideration.
IT IS SO ORDERED.
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MARCO A. HERNANDEZ
United States District Judge