1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 STEPHANIE M., Case No. 20-cv-1711-MMA (BGS) 11 Plaintiff, ORDER ADOPTING REPORT AND 12 v. RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; 13 KILOLO KIJAKAZI, Commissioner of Social Security, 14 [Doc. No. 15] Defendant. 15 GRANTING PLAINTIFF’S MOTION 16 FOR SUMMARY JUDGMENT; 17 [Doc. No. 12] 18 DENYING DEFENDANT’S MOTION 19 FOR SUMMARY JUDGMENT; AND 20 [Doc. No. 13] 21 22 REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS 23 24 25 On September 1, 2020, Plaintiff Stephanie M. (“Plaintiff”) filed this social security 26 appeal challenging the denial of her application for social security disability insurance 27 benefits. See Doc. No. 1. The Court referred all matters in this action to United States 28 Magistrate Judge Bernard G. Skomal for report and recommendation pursuant to section 1 636(b)(1)(B) of Title 28 of the United States Code and Civil Local Rule 72.1. See Doc. 2 No. 7. On July 8, 2021, Plaintiff filed a motion for summary judgment. Doc. No. 1. On 3 August 9, 2021, Defendant Kilolo Kijakazi, Commissioner of Social Security,1 filed a 4 cross motion for summary judgment. Doc. No. 13. Judge Skomal has issued a detailed 5 and well-reasoned report, recommending the Court deny Defendant’s summary judgment 6 motion, grant Plaintiff’s summary judgment motion, and remand the case for further 7 administrative proceedings. Doc. No. 15 (“Report and Recommendation”). Neither 8 party has objected to the Report and Recommendation, and the time for doing so has 9 expired. 10 The duties of the district court in connection with a magistrate judge’s report and 11 recommendation are set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 12 28 U.S.C. § 636(b)(1). Where the parties object to a report and recommendation, “[a] 13 judge of the [district] court shall make a de novo determination of those portions of the 14 [R&R] to which objection is made.” 28 U.S.C. § 636(b)(1); see Thomas v. Arn, 474 U.S. 15 140, 149–50 (1985). When no objections are filed, the district court need not review the 16 report and recommendation de novo. See Wang v. Masaitis, 416 F.3d 992, 1000 n.13 17 (9th Cir. 2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) 18 (en banc). A district judge may nevertheless “accept, reject, or modify, in whole or in 19 part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. 20 § 636(b)(1); see also Wilkins v. Ramirez, 455 F. Supp. 2d 1080, 1088 (S.D. Cal. 2006). 21 The Court has made a review and determination in accordance with the 22 requirements of 28 U.S.C. § 636 and applicable case law. Upon due consideration, the 23 Court ADOPTS Judge Skomal’s Report and Recommendation, DENIES Defendant’s 24 motion for summary judgment, and GRANTS Plaintiff’s motion for summary judgment. 25 26 1 Kilolo Kijakazi is now the Acting Commissioner of Social Security. Therefore, pursuant to Federal 27 Rule of Civil Procedure 25(d), Kilolo Kijakazi is substituted for Andrew Saul as the defendant in this suit. No further action needs to be taken, pursuant to the last sentence of section 205(g) of the Social 28 1 || Accordingly, the Court REMANDS this matter to the Social Security Administration for 2 || further administrative proceedings consistent with this Court’s Order and Judge Skomal’s 3 || Report and Recommendation. The Court DIRECTS the Clerk of Court to enter 4 ||judgment accordingly and close the case. 5 IT IS SO ORDERED. 6 || Dated: April 25, 2022 7 [libithe -(hilter 8 HON. MICHAEL M. ANELLO 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28