(SS) Calderon 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 ROBERTO A. CALDERON, No. 2:19-cv-00096 MCE KJN 12 Plaintiff, ORDER 13 v. 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 On March 03, 2020, 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 March 03, 2020, are ADOPTED; 28 1 2. The Commissioner’s motion for summary judgment (ECF No. 17) is DENIED: 2 3. Plaintiff’s motion for summary judgment (ECF No. 16) 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 DATED: March 24, 2020 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28