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Brister v. Colvin

United States District Court, Ninth Circuit

May 27, 2013

EVERLINE BRISTER, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

Merrill Schneider, SCHNEIDER KERR LAW OFFICES, Portland, OR, Attorney for Plaintiff.

Adrian L. Brown, U.S. ATTORNEY'S OFFICE District of Oregon, Portland, OR.

Daphne Banay, SOCIAL SECURITY ADMINISTRATION, Seattle, WA, Attorneys for Defendants.

ORDER

MARCO A. HERNANDEZ, District Judge.

Magistrate Judge John Jelderks issued a Findings and Recommendation (#17) on May 2, 2013, recommending that the final decision by the Social Security Commissioner (the "Commissioner") denying Plaintiff's application for Disability Insurance Benefits and Supplemental Security Income be reversed and that this case be remanded for further proceedings. The matter is now before me pursuant to 28 U.S.C. ยง 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 the Magistrate Judge's Findings and Recommendation (#17). Accordingly, the Commissioner's final decision is reversed and this case is remanded for further proceedings.

IT IS SO ORDERED.


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