Opinion
3:10-CV-00428-JE
08-30-2011
LOIS WELLS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
TIM WILBORN Wilborn Law Office, P.C. P.O. Box 2768 Oregon City, OR 97045 Attorney for Plaintiff DWIGHT C. HOLTON United States Attorney ADRIAN L. BROWN Assistant United States Attorney Portland, OR 97204 DAVID MORADO Regional Chief Counsel KATHRYN ANN MILLER Special Assistant United States Attorney Social Security Administration Seattle, WA 98104 Attorneys for Defendant
TIM WILBORN
Wilborn Law Office, P.C.
P.O. Box 2768
Oregon City, OR 97045
Attorney for Plaintiff
ORDER
DWIGHT C. HOLTON
United States Attorney
ADRIAN L. BROWN
Assistant United States Attorney
Portland, OR 97204
DAVID MORADO
Regional Chief Counsel
KATHRYN ANN MILLER
Special Assistant United States Attorney
Social Security Administration
Seattle, WA 98104
Attorneys for Defendant
BROWN, Judge.
Magistrate Judge John Jelderks issued Findings and Recommendation (#15) on July 21, 2 011, in which he recommends this Court grant Plaintiff's request for an order reversing the decision of the Commissioner of Social Security and remand this matter for an award of benefits. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its 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 Jelderks1s Findings and Recommendation (#15). Accordingly, the Court GRANTS Plaintiff's request (#2) for an order reversing the decision of the Commissioner and REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for the immediate calculation and award of benefits.
IT IS SO ORDERED.
ANNA J. BROWN
United States District Judge