(SS) Marinoble 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 JULIA MARIE MARINOBLE, No. 2:22-cv-00209 KJM CKD 12 Plaintiff, 13 v. ORDER 14 KILOLO KIJAKAZI, 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 denying an application for Supplemental Security Income (“SSI”) under Title XVI of the Social 20 Security Act. On December 2, 2022, the magistrate judge filed findings and recommendations, 21 which contained notice to the parties that any objections to the findings and recommendations 22 were to be filed within fourteen days. Neither party has filed objections. 23 The court presumes any findings of fact are correct. See Orand v. United States, 602 F.2d 24 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See 25 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 26 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 27 Having reviewed the file, the court finds the findings and recommendations to be supported by 28 the record and by the proper analysis. ] Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiffs motion for summary judgment (ECF No. 10) is granted; 3 2. The Commissioner’s cross-motion for summary judgment (ECF No. 12) is denied; and 4 3. The matter is remanded for further administrative proceedings consistent with this 5 || order. 6 | DATED: January 24, 2023. 7 8 ( ti / ¢ q_/ 9 CHIEF NT] ED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28