Rowland v. Commissioner Social Security Administration, No. 3:2012cv00549 - Document 25 (D. Or. 2013)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Hubels recommendation, and I ADOPT the F&R 23 as my own opinion. Signed on 9/25/13 by Judge Michael W. Mosman. (dls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION JENNIFER ROWLAND, No. 3:12-cv-00549-HU Plaintiff, OPINION AND ORDER v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendants. MOSMAN, J., On September 3, 2013, Magistrate Judge Hubel issued his Findings and Recommendation ( F&R ) [23] in the above-captioned case, recommending that the Commissioner s final decision be affirmed and that this action be dismissed with prejudice. There were no objections. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. I am not bound by the recommendations of the magistrate judge; instead, I retain responsibility for making the final determination. I am required to review de novo those portions of the report or any specified findings or recommendations within it as to which an objection is made. 28 U.S.C. § 636(b)(1). However, I am not required to review, de novo or 1 OPINION AND ORDER under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no party has objected. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny I am required to apply to the F&R depends on whether objections have been filed, in either case I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1). Upon review, I agree with Judge Hubel s recommendation, and I ADOPT the F&R [23] as my own opinion. IT IS SO ORDERED. Dated this 25th day of September, 2013. /s/ Michael W. Mosman ___ MICHAEL W. MOSMAN United States District Judge 2 OPINION AND ORDER

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