(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 ON EAJA FINDINGS AND RECOMMENDATIONS 13 v. (ECF Nos. 25, 29.) 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 On October 7, 2020 the magistrate judge filed findings and recommendations (ECF No. 18 29), 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. The findings and recommendations (ECF No. 29) are ADOPTED IN FULL; 1 2. Plaintiff is awarded $6,900.00 in fees under the Equal Access to Justice Act, 28 U.S.C. 2 § 2412(d) (see ECF No. 25). 3 4 DATED: November 10, 2020 /s/ John A. Mendez 5 THE HONORABLE JOHN A. MENDEZ 6 UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28