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Graham v. Colvin

United States District Court, D. Oregon

February 24, 2014

JUDY GRAHAM, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, [1] Defendant.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge Paul Papak issued Findings and Recommendation (#27) on January 29, 2014, in which he recommends this Court grant the Commissioner's Motion (#23) to Remand this matter for further proceedings. The matter is now before this Court pursuant to 28 U.S.C. ยง 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. See also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ( en banc) . Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#27). Accordingly, the Court GRANTS the Commissioner's Motion (#23) to Remand and REMANDS this matter to the Commissioner for evaluation of the 2007 report of Plaintiff's treating psychiatrist Gale Smolen, M.D., and the effect of Dr. Smolen's report on the evaluation of Plaintiff's severe impairments at Step Two and on the assessment of Plaintiff's Residual Functional Capacity.

IT IS SO ORDERED.


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