Jeffrey v. Berryhill

Filing 20

ORDER: The Report and Recommendation (ECF No. 19 ) is Adopted in its entirety. Plaintiff's motion for summary judgment (ECF No. 13 ) is Granted and the Defendant's cross-motion for summary judgment (ECF No. 14 ) is Denied. The Clerk is o rdered to enter judgment in favor of Plaintiff and against Defendant vacating the decision of the Commissioner and remanding the matter for further administrative proceedings. Signed by Judge William Q. Hayes on 09/05/2018. (certified copy sent to Social Security Administration via U.S. Mail Service)(ajs)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10

MARIA GUADALUPE JEFFREY,

11

Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security

12
13

16
17
18
19
20
21
22
23
24
25
26
27
28

ORDER

Defendant.

14
15

CASE NO. 17CV1444-WQH-RBB

HAYES, Judge:
The matter before the Court is the review of the Report and Recommendation
issued by United States Magistrate Judge (ECF No. 19) recommending that the
Plaintiff’s motion for summary judgment (ECF No. 13) be granted and the Defendant’s
cross-motion for summary judgment (ECF No. 14) be denied.
The duties of the district court in connection with a report and recommendation
of a magistrate judge are set forth in Federal Rule of Civil Procedure 72(b) and 28
U.S.C. § 636(b). The district judge must “make a de novo determination of those
portions of the report . . . to which objection is made,” and “may accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate.”
28 U.S.C. § 636(b). The district court need not review de novo those portions of a
Report and Recommendation to which neither party objects. See Wang v. Masaitis, 416
F.3d 992, 1000 n.13 (9th Cir. 2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003) (en banc) (“Neither the Constitution nor the [Federal Magistrates Act]
-1-

17cv1444-WQH-RBB

1 requires a district judge to review, de novo, findings and recommendations that the
2 parties themselves accept as correct.”).
3

No party has filed an objection to the Report and Recommendation. The Court

4 has reviewed the Report and Recommendation, the record, and the submissions of the
5 parties.
6

IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 19)

7 is adopted in its entirety. IT IS FURTHER ORDERED that Plaintiff’s motion for
8 summary judgment (ECF No. 13) is granted and the Defendant’s cross-motion for
9 summary judgment (ECF No. 14) is denied. The Clerk is ordered to enter judgment in
10 favor of Plaintiff and against Defendant vacating the decision of the Commissioner and
11 remanding the matter for further administrative proceedings.
12 DATED: September 5, 2018
13
14

WILLIAM Q. HAYES
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

17cv1444-WQH-RBB