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JAY W. POWERS, Plaintiff, vs. JO ANNE B. BARNHART, Commissioner of Social Security, Defendant.

MEMORANDUM AND ORDER

SAM A. CROW, Senior Judge

This social security appeal comes before the court on the magistrate judge's report and recommendation, filed June 4, 2002. No objection has been taken to the magistrate's report and recommendation.

A report and recommendation to which there has been no objection is taken as true and judged on the applicable law. See Campbell v. United States District Court for the Northern Dist. of California, 501 F.2d 196, 206 (9th Cir.), cert. denied, 419 U.S. 879 (1974); see also Summers v. Utah, 927 F.2d 1165, 1167-68 (10th Cir. 1991) (holding that "[i]n the absence of timely objection, the district court may review a magistrate's report under any standard it deems appropriate"). The district court has considerable judicial discretion in choosing what reliance to place on the magistrate judge's findings and recommendations. See Andrews v. Deland, 943 F.2d 1162, 1170 (10th Cir. 1991) (citing United States v. Raddatz, 447 U.S. 667 (1980)), cert. denied, 502 U.S. 1110 (1992).

The court has made a full and complete review of the record and the issues, and hereby adopts the magistrate's report and recommendation.

IT IS THEREFORE ORDERED that the decision of the Commissioner is reversed, and this matter is remanded for further consideration consistent with this order and the magistrate's report and recommendation filed June 4, 2002.

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POWERS v. BARNHART, (D.Kan. 2002)
(Jul 16, 2002)