(SS) Rhoades 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 JEFFREY R. RHOADES, No. 2:18-cv-1264 JAM KJN 12 Plaintiff, ORDER 13 v. 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 On October 31, 2019, the magistrate judge filed findings and recommendations herein 18 which were served on the parties and which contained notice that any objections to the findings 19 and recommendations were to be filed within fourteen days. No objections were filed. 20 Accordingly, the court presumes that any findings of fact are correct. See Orand v. 21 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 22 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 23 1983). 24 The court has reviewed the applicable legal standards and, good cause appearing, 25 concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 26 Accordingly, IT IS ORDERED that: 27 1. The Proposed Findings and Recommendations filed October 31, 2019, are 28 1 ADOPTED; 2 2. The parties’ stipulation as to plaintiff’s receipt of Equal Access to Justice Act 3 (“EAJA”) fees under 28 U.S.C. Section 2412(d) (ECF No. 22) is approved. 4 DATED: January 23, 2020 5 /s/ John A. Mendez____________ _____ 6 7 UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28