Embernate v. Commissioner of Social Security

Filing 19

ORDER signed by District Judge John A. Mendez on 4/26/2018 FINDINGS AND RECOMMENDATIONS 16 are ADOPTED in FULL; Plaintiff's 10 Motion for Summary Judgment is GRANTED; Defendant's 11 Cross Motion for Summary Judgment is DENIED; the Com missioner's decision is REVERSED; this matter is REMANDED for further proceedings consistent with the findings and recommendations; and the Clerk of the Court is ORDERED to enter judgment for plaintiff and close the case. CASE CLOSED (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHERRELYN EMBERNATE,

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Plaintiff,

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No. 2:17-cv-0040 JAM DB

v.

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.

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This action was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636

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and Local Rule 302(c)(15).
On February 14, 2018, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within fourteen days after service of the

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findings and recommendations. Defendant has filed objections to the findings and

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recommendations.
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 14, 2018 (ECF No. 16) are adopted

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in full;

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2. Plaintiff’s motion for summary judgment (ECF No. 10) is granted;

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3. Defendant’s cross-motion for summary judgment (ECF No. 11) is denied;

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4. The Commissioner’s decision is reversed;

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5. This matter is remanded for further proceedings consistent with the findings and

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recommendations; and
6. The Clerk of the Court is ordered to enter judgment for plaintiff and close this case.

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DATED: April 26, 2018
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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_____

\embernate0040.jo

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