Bagby v. Astrue

MARCO A. HERNANDEZ

Tim Wilborn

WILBORN LAW OFFICE, P.C.

Attorney for Plaintiff

Adrian L. Brown

U.S. ATTORNEY'S OFFICE

Gerald J. Hill

SOCIAL SECURITY ADMINISTRATION

Attorneys for Defendants HERNANDEZ, District Judge:

Magistrate Judge Paul Papak issued a Findings and Recommendation (doc. #21) on February 7, 2012, recommending the Commissioner's final decision in connection with Plaintiff's July 27, 2005, application for Title XVI supplemental security income disability benefits ("SSI Benefits") be affirmed.

Plaintiff timely filed objections to the Magistrate Judge's Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure.

When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). I have carefully considered Plaintiff's objections and conclude that the objections do not provide a basis to modify the Findings and Recommendation. I have also reviewed the pertinent portions of the record de novo and find no error in the Magistrate Judge's Findings and Recommendation.

The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (doc. #21). Accordingly, the Commissioner's final decision in connection with Plaintiff's July 27, 2005, application for SSI Benefits is affirmed.

IT IS SO ORDERED.

_________________

MARCO A. HERNANDEZ

United States District Judge