Srivastava v. Commissioner of Social Security

Filing 24

AMENDED ORDER ADOPTING IN FULL Findings and Recommendations Recommending the Grant of Defendant's Motion for Summary Judgment Affirming the Agency's Denial of Benefits 17 and 20 , signed by District Judge Lawrence J. O'Neill on 12/13/2010. (Martin, S)

(SS) Srivastava v. Commissioner of Social Security

Doc. 24

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 Defendant. 14 15 Plaintiff Savitri Srivastava sought judicial review of a final decision of the Commissioner 16 of Social Security ("Commissioner") denying her application for disability insurance benefits 17 under Title II of the Social Security Act (42 U.S.C. § 301 et seq.) (the "Act"). On February 16, 18 2010, Defendant moved for summary judgment affirming its denial of benefits. On November 4, 19 2010, the Magistrate Judge signed Findings and Recommendations recommending that this Court 20 affirm the Commissioner's denial of disability insurance benefits to Plaintiff. 21 The Findings and Recommendations were served on the parties and contained notice that 22 any objections to the Findings and Recommendations were to be filed within thirty days. No 23 party filed timely objections with the court, but Plaintiff served objections on Defendant's 24 counsel on or about December 6, 2010. Doc. 23. Upon receiving a copy of the Court's prior 25 order adopting findings and recommendations (Doc. 21), Defendant filed Plaintiff's objections 26 with the Court. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has reviewed 28 1
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UNITED STATES DISTRICT COURT

SAVITRI SRIVASTAVA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security,

CASE NO. 1:09-cv-00332-LJO-SMS AMENDED ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING THE GRANT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AFFIRMING THE AGENCY'S DENIAL OF BENEFITS / (Docs. 17 and 20)

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this case de novo and has considered Plaintiff's objections. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and proper legal analysis. Accordingly, IT IS HEREBY ORDERED that the Findings and Recommendations, filed November 4, 2010, are adopted in full, and Defendant's motion for summary judgment is granted.

IT IS SO ORDERED. Dated: b9ed48 December 13, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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