(SS) Sweeney 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 ELISA M. SWEENEY, No. 2:18-cv-02495 KJM AC 12 Plaintiff, 13 v. ORDER 14 ANDREW SAUL, Commissioner of Social Security, 15 Defendant. 16 17 18 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a 19 United States Magistrate Judge as provided by Local Rule 302(c)(21). 20 On December 20, 2019, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within twenty-one days. ECF No. 15. Neither 23 party has filed objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 2 supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed December 20, 2020, are adopted in full; and 5 2. The Commissioner’s cross-motion for summary judgment (ECF No. 14) is DENIED, 6 and plaintiff’s motion (ECF No. 13) is GRANTED. The court remands the matter to the 7 Commissioner for further proceedings and this case is closed. 8 DATED: February 18, 2020. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28