Sanchez v. Colvin

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION 15 . Granting Sanchez's 11 Motion for Summary Judgment, denying the Commissioner's 12 Motion for Summary Judgment. The case is remanded for further administrative proceedings. Signed by Judge Larry Alan Burns on 10/12/16 (cc: Social Security)(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ANGELO DON SANCHEZ,

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CASE NO. 16cv31-LAB (BLM)
Plaintiff,

vs.
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ORDER ADOPTING REPORT AND
RECOMMENDATION

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Defendant.

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Angelo Don Sanchez challenges the denial of his claim for disability benefits under

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the Social Security Act. The challenge was referred to Magistrate Judge Major for a Report

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and Recommendation (“R & R”). Judge Major issued her R & R, finding that Sanchez’s

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summary judgement motion should be granted, the Commissioner’s summary judgment

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motion should be denied, and the case should be remanded for further administrative

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proceedings. No objections were filed.

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A district court has jurisdiction to review a Magistrate Judge’s report and

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recommendation on dispositive matters. Fed R. Civ. P. 72(b). “The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.” Id. “A judge of the court may accept, reject, or modify, in whole or in part, the

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findings or recommendation made by the magistrate judge.” 28 U.S.C. § 636(b)(1).

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16cv31

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Under both the Standing Order of the undersigned Judge and Local Rules of the

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Court, the failure to file an objection to a motion may be construed as consent to the motion

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being granted, and the Court extends this to the failure to file an objection to a R & R. Local

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Rule 7.1(f)(3)(c). The Court has reviewed Judge Major’s thorough R & R and finds it is

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correct. It is ADOPTED.

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Sanchez’s motion for summary judgment is therefore GRANTED, the Commissioner’s

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motion for summary judgment is DENIED and the case is REMANDED for further

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administrative proceedings.

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IT IS SO ORDERED.

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DATED: October 12, 2016

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HONORABLE LARRY ALAN BURNS
United States District Judge

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16cv31