Bay v. Commissioner of Social Security

Filing 25

ORDER signed by District Judge Troy L. Nunley on 9/14/2018 ADOPTING the 24 findings and recommendations in full. Plaintiff's 13 Motion for Summary Judgment is GRANTED. The Commissioner's 14 Cross-Motion for Summary Judgment is DENIED. The action is REMANDED for further proceedings pursuant sentence four of 42 U.S.C. § 405(g). Judgment is entered for Plaintiff. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS T. BAY,

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Plaintiff,

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No. 2:17-cv-01034-TLN-KJN

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On August 22, 2018, the magistrate judge filed findings and recommendations (ECF No.

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24), 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. No objections were

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filed.
Accordingly, the Court presumes that 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 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. 24) are ADOPTED.

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2. Plaintiff’s motion for summary judgment (ECF No. 13) is GRANTED.

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3. The Commissioner’s cross-motion for summary judgment (ECF No. 22) is DENIED

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4. The action is remanded for further proceedings pursuant to sentence four of 42 U.S.C.

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§ 405(g).

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5. Judgment is entered for Plaintiff.

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IT IS SO ORDERED.

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Dated: September 14, 2018

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Troy L. Nunley
United States District Judge

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