(SS)(PS) Vis 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 KRISTOPHER VIS, Case No. 2:21-cv-00009-TLN-JDP 12 Plaintiff, 13 v. ORDER 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant. 16 17 18 Plaintiff filed a Complaint under 42 U.S.C. § 405(g), which provides for judicial review of 19 final decisions of the Commissioner of Social Security. The mattered was referred to a United 20 States Magistrate Judge under the Court’s Local Rules. 21 On November 28, 2022, the magistrate judge filed findings and recommendations herein 22 which were served on the parties and which contained notice that any objections to the findings 23 and recommendations were to be filed within fourteen days. No objections were filed. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 28 Having reviewed the file, the court finds the findings and recommendations to be supported by 1 | the record and by the proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The proposed Findings and Recommendations filed November 28, 2022, are 4 | ADOPTED IN FULL; 5 2. This action is DISMISSED for failure to prosecute and failure to comply with court 6 | orders; 7 3. Defendant’s motion to dismiss (ECF No. 11) is denied as moot; and 8 4. The Clerk of Court is directed to close the case. 9 | DATED: January 30, 2023 10 /) “ \/ Lu 12 —ZANX LN Troy L. Nunley> } 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28