(SS) Linville Jr. v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL KEILEN LINVILLE, JR., No. 2:18-cv-2135-MCE–KJN 12 Plaintiff, ORDER 13 v. 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 OnJanuary 9, 2020, the magistrate judge filed findings and recommendations, which were 18 served on the parties and which contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen (14) days. ECF No. 26. No objections were 20 filed. 21 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 22 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 23 reviewed denovo. See Britt v. Simi Valley Unified School Dist.,708 F.2d 452, 454 (9th Cir. 24 1983). 25 The Court has reviewed the applicable legal standards and, good cause appearing, 26 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 27 IT IS HEREBY ORDERED that: 28 1. The findings and recommendations (ECF No.26) are ADOPTEDin full; 1 2. The Commissioner’s motion for summary judgment (ECF No. 24) is DENIED; 2 3. Plaintiff's motion for summary judgment (ECF No. 19) is GRANTED; 3 4. This matter is REMANDED for further administrative proceedings; and 4 5. The Clerk is directed to enter judgment in Plaintiff's favor and close the case. 5 IT IS SO ORDERED. 6 7 | DATED: February 19, 2020 . MORRISON C. EN iJ 8 UNITED STATES DISTRICT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28