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Davis v. Colvin

United States District Court, District of Oregon

May 9, 2015

DAVID M. DAVIS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security Defendant.

ORDER

MARCO A. HERNÁNDEZ UNITED STATES DISTRICT JUDGE

Magistrate Judge Papak issued a Findings and Recommendation [15] on March 19, 2015, in which he recommends this Court reverse the Commissioner’s final decision denying Mr. Davis’s application for disability insurance benefit and social security insurance, and remand the case for further proceedings. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because neither party timely filed an objection to the Magistrate Judge's Findings and Recommendation, 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 Papak’s Findings & Recommendation [15]. Accordingly, the Commissioner’s final decision denying Mr. Davis’s application for disability insurance benefits and social security insurance is reversed, and the case is remanded for further proceedings.

IT IS SO ORDERED.


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