(SS) (PS) Peden 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 WESLEY ELVIS PEDEN, No. 2:22-cv-01415-EFB (SS) 12 Plaintiff, 13 v. ORDER 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant. 16 17 18 On May 26, 2023, the magistrate judge filed findings and recommendations herein which 19 were served on the parties and contained notice that any objections thereto were to be filed within 20 fourteen days. ECF No. 16. Plaintiff has filed a response, which the Court construes as 21 objections to the findings and recommendations. ECF No. 17. 22 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 23 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 24 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 25 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 26 Having reviewed the file, the Court finds the findings and recommendations to be supported by 27 the record and by the proper analysis. 28 /// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The proposed Findings and Recommendations filed May 26, 2023, (ECF No. 16) are 3 ADOPTED in full; 4 2. Defendant’s motion to dismiss (ECF No. 11) is GRANTED; 5 3. This action is DISMISSED for failure to state a claim upon which relief could be 6 granted; and 7 4. The Clerk of Court is directed to close this case. 8 IT IS SO ORDERED. 9 10 | Dated: July 18, 2023 ul JAK, hu rfl ASX, Xe: 2 Marlies 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28