(SS)Alacar v. Commissioner of Social Security ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARILYN GALAMAY ALACAR, No. 2:22-cv-00149-TLN-KJN 12 Plaintiff, ORDER 13 v. 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security 18 denying her application for Disability Insurance Benefits and Supplemental Security Income. 19 The action was referred to a United States Magistrate Judge under the Court’s Local Rules. 20 On December 5, 2022, the magistrate judge filed findings and recommendations (ECF No. 21 16), which were served on the parties and which contained notice that any objections to the 22 findings and recommendations were to be filed within fourteen (14) days. On December 19, 23 2022, Plaintiff filed objections to the findings and recommendations (ECF No. 17), which have 24 been considered by the Court. 25 The Court reviews de novo those portions of the proposed findings of fact to which an 26 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 27 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d 28 930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection 1 | has been made, the Court assumes its correctness and decides the matter on the applicable law. 2 | See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s 3 | conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 4 452, 454 (9th Cir. 1983). 5 The Court has reviewed the applicable legal standards and, good cause appearing, 6 | concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 7 | IT IS HEREBY ORDERED that: 8 1. The findings and recommendations (ECF No. 16) are ADOPTED IN FULL; 9 2. Plaintiff's motion for summary judgment (ECF No. 8) is DENIED; 10 3. The Commissioner’s cross-motion (ECF No. 14) is GRANTED; 11 4. The final decision of the Commissioner is AFFIRMED; and 12 5. The Clerk of Court is directed to CLOSE this case. 3 DATE: February 7, 2023 /) 14 ( | jf / 15 “ MN Vik 16 Troy L. Nuhlep ] 7 United States District Judge 18 19 20 21 22 23 24 25 26 27 28