Diez v. Commissioner of Social Security

Filing 24

ORDER (1) Adopting 23 Magistrate Judge's Report and Recommendation, (2) Denying 19 Plaintiff's Motion for Summary Judgment and (3) Granting 21 Defendant's Motion for Summary Judgment. This Court, having reviewed de novo the Magis trate Judge's R&R, adopts the Magistrate Judge's recommendation in full and DENIES Plaintiff's motion for summary judgment and GRANTS Defendant's motion for summary judgment. The Clerk of Court shall enter judgment accordingly, and terminate this case. Signed by Judge Dana M. Sabraw on 9/9/2019.(All non-registered users served via U.S. Mail Service)(aef)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 JOSE DINO D. DIEZ, 11 Plaintiff, v. 12 13 14 CASE NO. 18cv0156 DMS (WVG) COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. ORDER (1) ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, (2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND (3) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 16 17 On January 23, 2018, Plaintiff Jose Diez filed a Complaint for Judicial Review 18 of Final Administrative Decision of the Commissioner of Social Security. The parties 19 filed cross-motions for summary judgment, and on August 19, 2019, Magistrate Judge 20 William V. Gallo issued a Report and Recommendation (“R&R”) recommending that 21 the Court deny Plaintiff’s motion and grant Defendants’ motion. No party has filed 22 objections to the R&R, and the time for doing so has expired. This Court, having reviewed de novo the Magistrate Judge’s R&R, adopts the 23 24 Magistrate Judge’s recommendation in full and DENIES Plaintiff’s motion for 25 / / / 26 / / / 27 / / / 28 / / / -1- 18cv0156 1 summary judgment and GRANTS Defendant’s motion for summary judgment. The 2 Clerk of Court shall enter judgment accordingly, and terminate this case. 3 IT IS SO ORDERED. 4 DATED: September 9, 2019 5 6 7 HON. DANA M. SABRAW United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 18cv0156

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