McKinney v. Commissioner Social Security Administration ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON KIMBERLY M., No. 6:18-cv-01469-SU Plaintiff, ORDER v. COMMISSIONER, Social Security Administration, Defendant. Merrill Schneider Schneider Kerr & Robichaux P.O. Box 14490 Portland, OR 97293 Attorney for Plaintiff Renata Gowie U.S. Attorney’s Office, District of Oregon 1000 SW Third Avenue, Suite 600 Portland, OR 97204 Heather L. Griffith Lars J. Nelson Social Security Administration Office of the General Counsel 701 Fifth Avenue, Suite 2900, M/S 221A Seattle, WA 98104 Attorneys for Defendant HERNANDEZ, District Judge: Magistrate Judge Patricia Sullivan issued a Findings and Recommendation on August 21, 2019, in which she recommends that the Court reverse and remand the decision of the Commissioner. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Defendant timely filed objections to the Findings and Recommendation. When a 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). The Court has carefully considered Defendant’s objections and concludes that the objections do not provide a basis to modify the recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings and Recommendation. CONCLUSION The Court adopts Magistrate Judge Sullivan’s Findings and Recommendation [19]. The decision of the Commissioner is reversed and remanded for further proceedings. IT IS SO ORDERED. DATED this IL day of | I Wome WV , 2019. /V (nto nunden MARCO A. HERNANDEZ United States District Judge 2 - ORDER