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Wyckoff v. Colvin

United States District Court, D. Oregon

June 6, 2014

BRADLEY L. WYCKOFF, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner, Social Security, Administration, [1] Defendant.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge John Jelderks issued Findings and Recommendation (#19) on April 1, 2014, in which he recommends the Court reverse the Commissioner's decision denying Plaintiff's applications for disability insurance benefits and supplemental security income and remand this matter to the Commissioner for an award of benefits. Defendant 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 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)( en banc ).

This Court has carefully considered Defendant'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 Jelderks's Findings and Recommendation (#19). Accordingly, the Court REVERSES the Commissioner's decision and REMANDS this matter to the Commissioner for an award of benefits.

IT IS SO ORDERED.


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