Fetters v. Commissioner Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

THEODORE F.,1 No. 3:18-cv-00464-JR Plaintiff, ORDER v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

HERNÁNDEZ, District Judge: Magistrate Judge Russo issued a Findings and Recommendation [17] on July 17, 2019, in which she recommends the Court reverse the Commissioner’s decision and remand the case for the immediate payment of benefits. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

1 In the interest of privacy, this order uses only the first name and the initial of the last name of the non- governmental party or parties in this case.

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 Magistrate Judge Russo’s Findings and Recommendation [17].

Accordingly, the Commissioner’s decision is REVERSED and the case is REMANDED for the immediate payment of benefits.

IT IS SO ORDERED.

DATED this gq day of C ? 4 ) | , 2019.

MCs L ona de MARCO A. HERNANDEZ United States District Judge - ORDER