Rhoades v. Commissioner of Social Security

Filing 24

ORDER signed by District Judge John A. Mendez on 1/23/2020 ADOPTING 23 Findings and Recommendations, APPROVING the 22 Stipulation as to plaintiff's receipt of EAJA fees. (Coll, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JEFFREY R. RHOADES,

12

Plaintiff,

13
14
15

No. 2:18-cv-1264 JAM KJN
ORDER

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

16
17

On October 31, 2019, the magistrate judge filed findings and recommendations herein
18
which were served on the parties and which contained notice that any objections to the findings
19
and recommendations were to be filed within fourteen days. No objections were filed.
20
Accordingly, the court presumes that any findings of fact are correct. See Orand v.
21
United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are
22
reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.
23
1983).
24
The court has reviewed the applicable legal standards and, good cause appearing,
25
concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full.
26
Accordingly, IT IS ORDERED that:
27
1. The Proposed Findings and Recommendations filed October 31, 2019, are
28
1

1
2
3

ADOPTED;
2. The parties’ stipulation as to plaintiff’s receipt of Equal Access to Justice Act
(“EAJA”) fees under 28 U.S.C. Section 2412(d) (ECF No. 22) is approved.

4
5
6
7

DATED: January 23, 2020
/s/ John A. Mendez____________

_____

UNITED STATES DISTRICT COURT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2