Lorraine Russell v. Carolyn W. Colvin

Filing 23

MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION by Magistrate Judge Sheri Pym: (see document image for specifics). IT IS THEREFORE ORDERED that Judgment be entered reversing the decision of the Commissioner denying benefits, and remanding this action for further administrative proceedings consistent with the Report and Recommendation as incorporated into this Memorandum Opinion and Order. (ad)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 ) ) Plaintiff, ) ) v. ) ) NANCY A. BERRYHILL, ) Acting Commissioner of Social ) Security Administration, ) ) Defendant. ) _____________________________ ) LORRAINE RUSSELL, Case No. CV 15-7472-SP MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION On March 31, 2017, the assigned magistrate judge issued a Report and 19 Recommendation, recommending that the decision of the Commissioner of the 20 Social Security Administration denying benefits to plaintiff be reversed, and that 21 the case be remanded to the Commissioner. The parties were given until April 14, 22 2017 to file objections to the Report and Recommendation, but neither did so. 23 Meanwhile, on April 2, 2017, plaintiff filed a statement of consent to have 24 the magistrate judge conduct all proceedings in this case. Defendant had 25 previously filed her statement of consent (much earlier, on November 19, 2015). 26 Although plaintiff gave consent late in the case, the Local Rules of this court 27 permit the parties to consent “at any time prior to the entry of judgment.” L.R. 7328 3. Consequently, on April 3, 2017, the case was reassigned to the magistrate judge 1 1 for all further proceedings and final disposition. 2 As no objections to the Report and Recommendation were filed within the 3 time permitted, and as nothing else has caused the court to reconsider its previous 4 findings, the court adopts and incorporates by reference the findings in the Report 5 and Recommendation. 6 IT IS THEREFORE ORDERED that Judgment be entered reversing the 7 decision of the Commissioner denying benefits, and remanding this action for 8 further administrative proceedings consistent with the Report and 9 Recommendation as incorporated into this Memorandum Opinion and Order. 10 11 12 Dated: April 17, 2017 13 14 _______________________ SHERI PYM United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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