(SS) Turnbo v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL DUANE TURNBO, No. 2:20-cv-00264 KJM CKD (SS) 12 Plaintiff, 13 v. ORDER 14 KILOLO KAJIKAZI, Acting Commissioner of Social Security, 15 Defendant. 16 17 18 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security 19 (“Commissioner”) denying an application for disability and disability insurance benefits under 20 Title II of the Social Security Act (“Act”). 21 On July 30, 2021, the magistrate judge filed findings and recommendations, which 22 contained notice to the parties that any objections to the findings and recommendations were to be 23 filed within fourteen days. Neither party has filed objections. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDRED that: 4 1. The July 30, 2021 findings and recommendations are adopted in full; 5 2. Plaintiffs motion for summary judgment (ECF No. 17) is granted; 6 3. The Commissioner’s cross-motion for summary judgment (ECF No. 19) is denied; and 7 4. The matter is remanded for further administrative proceedings consistent with the 8 | magistrate judge’s observations made in the findings and recommendations. 9 || DATED: September 20, 2021. 10 11 CHIEF ED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28