(SS) Davis 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 TERESA DIANE DAVIS, No. 2:18-cv-2415-WBS–KJN 12 Plaintiff, ORDER 13 v. (ECF Nos. 17, 24, 25) 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 On March 24, 2020, the magistrate judge filed findings and recommendations (ECF No. 18 25), which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen (14) days. No objections were 20 filed. 21 Accordingly, the court presumes that any findings of fact are correct. See Orand v. United 22 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 23 reviewed de novo. 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 1. The findings and recommendations (ECF No. 25) are ADOPTED IN FULL; 2 2. The Commissioner’s motion for summary judgment (ECF No. 24) is DENIED; 3 3. Plaintiff's motion for summary judgment (ECF No. 17) is GRANTED; 4 4. This matter is REMANDED for further administrative proceedings; and 5 5. The Clerk of the Court is directed to enter judgment in Plaintiff's favor and close the 6 case. 7 | Dated: April 13, 2020 / 4 / . a / 8 th tenn Von Loh 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28