Alcantar v. Commissioner of Social Security

Filing 19

ORDER signed by Judge Garland E. Burrell, Jr on 1/3/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 12/7/11 18 are ADOPTED. Plaintiff's MOTION for Summary Judgment 14 is GRANTED in part; Defendant's Cross-MOTION for SUMMARY JUDGMENT 15 is DENIED; The case is REMANDED for further proceedings under sentence four of 42 U.S.C.§ 405(g); CASE CLOSED. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELVIA H. ALCANTAR,

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Plaintiff,

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No. CIV-S-10-2638 GEB GGH

vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,

ORDER

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Defendant.
__________________________________/

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On December 7, 2011, the magistrate judge filed findings and recommendations

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herein which were served on the parties and which contained notice that any objections to the

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findings and recommendations were to be filed within fourteen days. No objections were filed.

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Accordingly, the court presumes any findings of fact are correct. See Orand v.

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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983).

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The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that the Findings and Recommendations filed
December 7, 2011 (dkt. no. 18), are ADOPTED and

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1. Plaintiff’s motion for summary judgment (dkt. no. 14) is granted in part;

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2. Defendant’s cross-motion for summary judgment (dkt. no. 15) is denied;

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3. The case is remanded for further proceedings under sentence four of 42 U.S.C.

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§ 405(g); and
4. Judgment is entered for plaintiff.
Dated: January 3, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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