Wilburn v. Commissioner of Social Security

Filing 31

ORDER signed by Senior Judge William B. Shubb on 4/2/2021 ADOPTING 30 The Findings and Recommendations in full; DENYING 29 Defendant's Cross-Motion for Summary Judgment; The Commissioner's final decision is REVERSED and the matter is REMANDED for further proceedings consistent with the Magistrate Judge's Findings and Recommendations; and The Clerk of the Court is directed to enter judgment and close this file. 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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KIMBERLY LYNN WILBURN,

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Plaintiff,

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No. 2:18-CV-0994-WBS-DMC

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Plaintiff, who is proceeding pro se, brings this action for judicial review of a final

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decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). The matter was

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referred to a United States Magistrate Judge pursuant to Eastern District of California local rules.
On February 26, 2021, the Magistrate Judge filed findings and recommendations

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herein which were served on the parties and which contained notice that the parties may file

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objections within the time specified therein. No objections to the findings and recommendations

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have been filed.
The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and 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 26, 2021, are adopted in

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2.

Defendant’s cross-motion for summary judgment, ECF No. 29, is denied;

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3.

The Commissioner’s final decision is reversed and the matter is remanded

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full;

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for further proceedings consistent with the Magistrate Judge’s findings and recommendations;

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and

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4.

The Clerk of the Court is directed to enter judgment and close this file.

Dated: April 2, 2021

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