Fitzroy K. Prosper v. Kilolo Kijakazi

Filing 28

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Consuelo B. Marshall Report and Recommendation 25 . IT IS ORDERED that (1) the Report and Recommendation is accepted and adopted as the Findings of Fact and Conclusions of Law herein; (2) the decision of the Administrative Law Judge is AFFIRMED; and (3) this action is DISMISSED WITH PREJUDICE. (see document for further details) (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 10 11 FITZROY K. PROSPER, Plaintiff, 12 15 ORDER ACCEPTING FINDINGS, v. 13 14 Case No. CV 23-02087-CBM(AS) CONCLUSIONS, AND MARTIN O’MALLEY, Commissioner of Social Security, 16 RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Defendant. 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the 19 Complaint, all the records herein, and the attached Report and 20 Recommendation of United States Magistrate Judge. 21 also 22 Recommendation and Defendant’s Response to Plaintiff’s Objections, 23 and rules as follows: 24 reviewed 1. Plaintiff’s Objections to The Court has the Report Plaintiff’s objection that the Magistrate Judge erred in 25 affirming 26 physical residual functional capacity is OVERRULED. 27 28 and the ALJ’s finding regarding Plaintiff’s 1 2. Plaintiff’s objection that the Magistrate Judge erred in 2 affirming the ALJ’s finding that Dr. Quines’ opinion was 3 unpersuasive is OVERRULED. 4 3. Plaintiff’s objection that the Magistrate Judge erred in 5 affirming the ALJ’s 6 subjective statements 7 OVERRULED. discounting of about limitations his Plaintiff’s is 8 Having made a de novo determination of the portions of the 9 Report and Recommendation to which Objections were directed, the 10 Court hereby concurs with and accepts the findings and conclusions 11 of the Magistrate Judge. 12 IT IS ORDERED that (1) the Report and Recommendation is 13 accepted and adopted as the Findings of Fact and Conclusions of 14 Law herein; (2) the decision of the Administrative Law Judge is 15 AFFIRMED; and (3) this action is DISMISSED WITH PREJUDICE. 16 IT IS FURTHER ORDERED that the Clerk serve copies of this 17 Order, the Magistrate Judge’s Report and Recommendation and the 18 Judgment on counsel for Plaintiff and the United States Attorney 19 for the Central District of California. 20 21 LET JUDGMENT BE ENTERED ACCORDINGLY. 22 23 24 25 26 27 28 DATED: January 28, 2025 CONSUELO B. MARSHALL UNITED STATES DISTRICT JUDGE _

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