Milliman v. Astrue

Filing 20

ORDER Adopting 19 Report and Recommendation of the Magistrate Judge; Denying 15 Motion for Summary Judgment; and Granting 16 Cross-Motion for Summary Judgment. It is hereby ordered that the Report and Recommendation is Adopted in its entirety, Plaintiff's Motion for Summary Judgment is Denied, and Defendant's Cross-Motion for Summary Judgment is Granted. The Clerk of Court is instructed to close this matter. Signed by Judge Michael M. Anello on 4/18/2012. (leh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SYLVIA HOLLIS MILLIMAN,

CASE NO. 11-CV-558-MMA(NLS)
Plaintiff,

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vs.

ORDER ADOPTING FINDINGS AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE;

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[Doc. No. 19]
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DENYING PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT;

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MICHAEL J. ASTRUE, Commissioner of
Social Security,

[Doc. No. 15]

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GRANTING DEFENDANT’S CROSS
-MOTION FOR SUMMARY
JUDGMENT

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[Doc. No. 16]

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Defendant.

On March 21, 2011, Plaintiff Sylvia Milliman filed this appeal of the final judgment of the

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Commissioner of Social Security denying her claim for Disability Insurance Benefits and

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Supplemental Security Income. The matter was referred to the Honorable Nita L. Stormes, United

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States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(B) and Civil Local Rule 72.1. On March

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5, 2012, Judge Stormes filed a Report containing findings and conclusions, upon which she bases

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her recommendation that the Court deny Plaintiff’s motion for summary judgment and grant

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Defendant’s cross-motion for summary judgment.

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///

-1-

11CV558

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The time to file objections to the R&E expired on March 26, 2012. [Doc. No. 19 at 10.]

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Plaintiff, who has been represented by counsel throughout this case, did not file objections during

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the objection period or since the time to do so expired.

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The Court has considered the pleadings and memoranda of the parties as well as the

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administrative record, and has made a review and determination in accordance with the requirements

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of 28 U.S.C. § 636 and applicable case law. Accordingly, good cause appearing,

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IT IS HEREBY ORDERED THAT:

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1.

The Report and Recommendation [Doc. No. 19] is ADOPTED in its entirety;

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2.

Plaintiff’s Motion for Summary Judgment [Doc. No. 15] is DENIED; and

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3.

Defendant’s Cross-Motion for Summary Judgment [Doc. No. 16] is GRANTED.

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The Clerk of Court is instructed to close this matter.

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IT IS SO ORDERED.

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DATED: April 18, 2012

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Hon. Michael M. Anello
United States District Judge

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-2-

11CV558