Yang v. Commissioner of Social Security

Filing 25

ORDER ADOPTING 24 FINDINGS and RECOMMENDATIONS Re Plaintiff's 2 Social Security Complaint, signed by Chief Judge Anthony W. Ishii on 1/22/2009. CASE CLOSED. (Sondheim, M)

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UNITED STATES DISTRICT COURT
7 EASTERN DISTRICT OF CALIFORNIA 8 9 PANG YANG, 10 Plaintiff, 11 v. 12 MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL 13 SECURITY, 14 15 16 Plaintiff is proceeding in forma pauperis and with counsel 17 with an action seeking judicial review of a final decision of the 18 Commissioner of Social Security (Commissioner) denying 19 Plaintiff's application for benefits. The matter has been 20 referred to the Magistrate Judge pursuant to 28 U.S.C.§ 636(b) 21 and Local Rule 72-302(c)(15). Pending before the Court is the 22 Magistrate Judge's findings and recommendations regarding 23 Plaintiff's Social Security complaint. 24 On October 23, 2008, the Court filed findings and a 25 recommendation that Plaintiff's social security complaint be 26 granted in part, that the matter be remanded pursuant to sentence 27 four of 42 U.S.C. § 405(g) for further consideration of the 28 1 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) 1:07-cv-01099-AWI-SMS ORDER RE: FINDINGS AND RECOMMENDATIONS RE: PLAINTIFF'S SOCIAL SECURITY COMPLAINT (DOCS. 2, 24)

1 claim, and the Clerk be directed to enter judgment for Plaintiff 2 Pang Yang and against Defendant Michael J. Astrue. The findings 3 and recommendation were served on all parties on October 23, 4 2008, and contained notice that any objections to the findings 5 and recommendations were to be filed within thirty (30) days of 6 the date of service of the order. No party filed any objections. 7 In accordance with the provisions of 28 U.S.C. § 636

8 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 9 452, 454 (9th Cir. 1983), this Court has conducted a de novo 10 review of the case. Having carefully reviewed the entire file, 11 the Court finds that the findings and recommendation filed on , 12 are supported by the record and proper analysis. 13 14 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendation filed on October 23,

15 2008, are ADOPTED IN FULL; and 16 2. The Plaintiff's social security complaint IS GRANTED IN

17 PART, and the matter IS ORDERED remanded pursuant to sentence 18 four of 42 U.S.C. § 405(g); and 19 3. The Clerk of Court IS DIRECTED to enter judgment for

20 Plaintiff Pang Yang and against Defendant Michael J. Astrue. 21 22 IT IS SO ORDERED. 23 Dated: 0m8i78 24 25 26 27 28 2 January 22, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE