(SS) Haggerty 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 DARREN DWIGHT HAGGERTY, ) Case No.: 1:21-cv-1004 JLT GSA ) 12 Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, REMANDING FOR 13 v. ) FURTHER PROCEEDINGS, AND DIRECTING ) ENTRY OF JUDGMENT IN FAVOR OF 14 KILOLO KIJAKAZI, Acting Commissioner of ) PLAINTIFF AND AGAINST DEFENDANT Social Security1, ) COMMISSIONER OF SOCIAL SECURITY 15 ) ) (Docs. 20, 24, 25) 16 Defendant. ) ) 17 18 Darren Dwight Haggerty initiated this action by filing a complaint for judicial review of the 19 administrative decision denying his application for Social Security benefits. (Docs. 1, 20) The magistrate 20 judge found the decision of the administrative law judge was not supported by substantial evidence and 21 recommended the matter be remanded for further proceedings. (Doc. 25) Therefore, the magistrate judge 22 recommended judgment be entered in favor of Plaintiff and against the Commissioner. (Id.) 23 The Court served the Findings and Recommendations on all parties and notified them that any 24 objections must be filed within fourteen days. (Doc. 25 at 24.) In addition, the Court advised the parties 25 that the “failure to file objections within the specified time may result in the waiver of rights on appeal.” 26 (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 27 28 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the 1 |} 1391, 1394 (9th Cir. 1991).) No party filed objections, and the time to do so has expired. 2 According to the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United Scho 3 || Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. Havir 4 || carefully reviewed the matter, the Court finds the Findings and Recommendations are supported by tl 5 record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations (Doc. 25) are ADOPTED. 7 2. Plaintiff's Motion for Summary Judgment (Doc. 20) is GRANTED. 8 3. Defendant’s Cross-Motion for Summary Judgment (Doc. 24) is DENIED. 9 4. This matter is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 10 405(g) for further proceedings consistent with the Findings and Recommendations. 11 5. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Darren 12 Dwight Haggerty, and against Defendant Kilolo Kijakazi, acting Commissioner of 13 Social Security. 14 15 IS SO ORDERED. 16 || Dated: _ October 16, 2023 ( LAW pA L. wan 17 TED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28