FILED NOT FOR PUBLICATION MAY 18 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MAI MOUA, No. 09-16043 Plaintiff - Appellant, D.C. No. 2:07-cv-02024-GGH v. MEMORANDUM * MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of California Gregory G. Hollows, Magistrate Judge, Presiding Submitted May 13, 2010 ** San Francisco, California Before: SILVERMAN, FISHER and M. SMITH, Circuit Judges. We affirm for the reasons given by the magistrate judge in his order filed April 14, 2009. AFFIRMED. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).