Hagen v. Berryhill, CV 16-35-BLG-SPW. (2018)
Court: District Court, D. Montana
Number: infdco20180322860
Visitors: 12
Filed: Mar. 14, 2018
Latest Update: Mar. 14, 2018
Summary: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS SUSAN P. WATTERS , District Judge . Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations filed on February 26, 2018. (Doc. 21). Judge Cavan recommends that the Commissioner's decision be REVERSED and this matter be REMANDED pursuant to sentence four of 42 U.S.C. 405(g) for further proceedings consistent with this opinion. Pursuant to 28 U.S.C. 636(b)(1), the parties were required to file written obj
Summary: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS SUSAN P. WATTERS , District Judge . Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations filed on February 26, 2018. (Doc. 21). Judge Cavan recommends that the Commissioner's decision be REVERSED and this matter be REMANDED pursuant to sentence four of 42 U.S.C. 405(g) for further proceedings consistent with this opinion. Pursuant to 28 U.S.C. 636(b)(1), the parties were required to file written obje..
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS
SUSAN P. WATTERS, District Judge.
Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations filed on February 26, 2018. (Doc. 21). Judge Cavan recommends that the Commissioner's decision be REVERSED and this matter be REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this opinion.
Pursuant to 28 U.S.C. § 636(b)(1), the parties were required to file written objections within 14 days of the filing of Judge Cavan's Findings and Recommendations. No objections were filed. When neither party objects, this Court reviews Judge Cavan's Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this Court does not find that Judge Cavan committed clear error.
IT IS ORDERED that the proposed Findings and Recommendations entered by United States Magistrate Judge Cavan (Doc. 21) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that the Commissioner's decision is REVERSED and this matter is REMANDED for further proceedings.
Source: Leagle
