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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARKUS DEAN FELKINS, No. 2:22-cv-1652-DJC-KJN 12 Plaintiff, ORDER 13 v. (ECF Nos. 12, 15.) 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 On October 6, 2023, the Magistrate Judge filed findings and recommendations 18 (ECF No. 17), which were served on the parties and which contained notice that any 19 objections to the findings and recommendations were to be filed within fourteen (14) 20 days. On October 20, 2023 Plaintiff filed objections to the findings and 21 recommendations (ECF No. 18), which have been considered by the Court. 22 This Court reviews de novo those portions of the proposed findings of fact to 23 which an objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. 24 v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also 25 Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). As to any portion of the 26 proposed findings of fact to which no objection has been made, the court assumes its 27 correctness and decides the matter on the applicable law. See Orand v. United States, 28 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law are 1 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th 2 | Cir. 1983). 3 The Court has reviewed the applicable legal standards and, good cause 4 | appearing, concludes that it is appropriate to adopt the findings and 5 || recommendations in full. Accordingly, IT |S HEREBY ORDERED that: 6 1. The findings and recommendations (ECF No. 17) are ADOPTED IN FULL; 7 2. Plaintiff's motion for summary judgment (ECF No. 12) is DENIED; 8 3. The Commissioner's cross-motion (ECF No. 17) is GRANTED; 9 4. The final decision of the Commissioner is AFFIRMED; and 10 5. The Clerk of Court is directed to CLOSE this case. 11 12 IT IS SO ORDERED. 13 | Dated: _November 17, 2023 “Daniel J CoD Hon. Daniel alabretta 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28