Mills v. Commissioner of Social Security
Filing
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ORDER signed by District Judge John A. Mendez on 12/19/17 ORDERING that the findings and recommendations (ECF No. 17 ) are ADOPTED; Plaintiff's motion for summary judgment (ECF No. 12 ) is DENIED; the Commissioner's cross-motion for summary judgment (ECF No. 13 ) is GRANTED; the final decision of the Commissioner is AFFIRMED, and judgment is entered for the Commissioner. CASE CLOSED.(Becknal, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CAROL MILLS,
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No. 2:17-cv-00367-JAM-KJN
Plaintiff,
v.
ORDER
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
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On November 8, 2017, the magistrate judge filed findings and recommendations (ECF
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No. 17), 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 (14) days. On November 21,
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2017, plaintiff filed objections to the findings and recommendations (ECF No. 18), which have
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been considered by the court.
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This court reviews de novo those portions of the proposed findings of fact to which an
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objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore
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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d
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930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection
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has been made, the court assumes its correctness and decides the matter on the applicable law.
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See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s
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conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d
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452, 454 (9th Cir. 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 findings and recommendations in full. Accordingly,
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IT IS HEREBY ORDERED that:
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1. The findings and recommendations (ECF No. 17) are ADOPTED.
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2. Plaintiff’s motion for summary judgment (ECF No. 12) is DENIED.
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3. The Commissioner’s cross-motion for summary judgment (ECF No. 13) is
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GRANTED.
4. The final decision of the Commissioner is AFFIRMED, and judgment is entered for
the Commissioner.
5. The Clerk of Court shall close this case.
DATED: 12/19/2017
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/s/ John A. Mendez_______________________
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UNITED STATES DISTRICT COURT JUDGE
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