Faigen v. Astrue

MARCO A. HERNANDEZ

Alan Stuart Graf

Alan Stuart Graf P.C.

Attorney for Plaintiff

Adrian L. Brown

U.S. Attorney's Office, District of Oregon

David J. Burdett

Social Security Administration

Attorneys for Defendant HERNANDEZ, District Judge:

Magistrate Judge Jelderks issued a Findings and Recommendation (#23) on June 7, 2012, in which he recommends that this Court reverse the Commissioner's decision and remand for a finding of disability and an award of benefits. 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 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.

The Court adopts Magistrate Judge Jelderks's Findings and Recommendation (#23). Accordingly, the Commissioner's decision is reversed, and this action is remanded for a finding of disability and an award of benefits.

IT IS SO ORDERED.

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MARCO A. HERNANDEZ

United States District Judge