(SS) Phillips 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 ALESIA ANN PHILLIPS, No. 2:18-cv-02307-MCE-KJN 12 Plaintiff, 13 v. ORDER 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 On July 9, 2020, the magistrate judge filed findings and recommendations (ECF. No. 23) 18 herein 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 days. On July 23, 2020 plaintiff 20 filed objections to the proposed findings and recommendations (ECF. No. 24), which have been 21 considered by the Court. 22 This Court reviews de novo those portions of the proposed findings of fact to which an 23 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 24 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see 25 also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). As to any portion of the proposed 26 findings of fact to which no objection has been made, the Court assumes its correctness and 27 decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th 28 wAIe 6. NEVE FOIVIYS LENG RAVI, 2 PIR Ne AY ee 1 | Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi 2 | Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 3 The Court has reviewed the applicable legal standards and, good cause appearing, 4 | concludes that it is appropriate to adopt the proposed findings and recommendations in full. 5 || Accordingly, IT IS HEREBY ORDERED that: 6 1. The Proposed Findings and Recommendations filed July 9, 2020 (ECF No. 23), are 7 | ADOPTED in full; 8 2. Plaintiffs motion for summary judgment (ECF No. 16) is DENIED; 9 3. The Commissioner’s cross-motion for summary judgment (ECF No. 22) is 10 | GRANTED; 11 4. The final decision of the Commissioner is AFFIRMED, and judgment is entered for the 12 || Commissioner; and 13 5. The Clerk of the Court is directed to close this case. 14 IT IS SO ORDERED. 15 16 || Dated: October 4, 2020 Mater LEK rl AS is SENIOR UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28