Vijil v. Commissioner of Social Security

Filing 17

ORDER signed by District Judge Kimberly J. Mueller on 9/28/2017 DENYING 13 Plaintiff's Motion for Summary Judgment and GRANTING 14 Commissioner's Cross-Motion for Summary Judgment. Judgment entered for the Commissioner. CASE CLOSED. (Henshaw, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TOMAS A. VIJIL, 11 12 13 14 No. 2:16-cv-00604 KJM CKD Plaintiff, v. ORDER NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 15 16 17 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security 18 (“Commissioner”) denying an application for Supplemental Security Income (“SSI”) under Title 19 XVI of the Social Security Act (“Act”). 20 On August 16, 2017, the magistrate judge filed findings and recommendations, which 21 contained notice to the parties that any objections to the findings and recommendations were to be 22 filed within fourteen days. Neither party has filed objections to the findings and 23 recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the court finds the findings and recommendations to be supported by the record and by 28 the proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s motion for summary judgment (ECF No. 13) is denied; 3 2. The Commissioner’s cross-motion for summary judgment (ECF No. 14) is granted; 4 5 6 and 3. Judgment is entered for the Commissioner. DATED: September 28, 2017. 7 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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