(SS) Gomez vs Commissioner of Social Security, No. 1:2022cv00770 - Document 28 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Dale A. Drozd on 12/20/2023 ADOPTING 27 The Findings and Recommendations in full; Plaintiff's 16 Motion for Summary Judgment is GRANTED. Defendant's cross-motion for Summary Judgment 20 is DENIED; This matter is REMANDED to the Commissioner for further proceedings consistent with the findings and recommendations issued on 10/16/2023 27 ;and The Clerk of the Court is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIMO C. GOMEZ, 12 Plaintiff, 13 14 15 No. 1:22-cv-00770-DAD-AC v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS COMMISSIONER OF SOCIAL SECURITY, (Doc. Nos. 16, 20, 27) Defendant. 16 Plaintiff Kimo C. Gomez, proceeding with counsel, brings this action seeking judicial 17 18 review of the Commissioner of Social Security’s final decision denying plaintiff’s application for 19 benefits under the Social Security Act. (Doc. No. 1.) The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 16, 2023, the assigned magistrate judge issued findings and recommendations 21 22 recommending that plaintiff’s motion for summary judgment (Doc. No. 16) be granted, that 23 defendant’s cross-motion for summary judgment (Doc. No. 20) be denied, and that the matter be 24 remanded to the Commissioner for further proceedings. (Doc. No. 27.) The findings and 25 recommendations were served on the parties and contained notice that any objections thereto 26 were to be filed within twenty-one (21) days after service. (Id. at 15.) To date, no objections to 27 the findings and recommendations have been filed, and the time in which to do so has now 28 passed. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 3 findings and recommendations are supported by the record and by proper analysis. 4 Accordingly: 5 1. 6 The findings and recommendations issued on October 16, 2023 (Doc. No. 27) are adopted in full; 7 2. Plaintiff’s motion for summary judgment (Doc. No. 16) is granted; 8 3. Defendant’s cross-motion for summary judgment (Doc. No. 20) is denied; 9 4. This matter is remanded to the Commissioner for further proceedings consistent 10 with the findings and recommendations issued on October 16, 2023 (Doc. No. 27); 11 and 12 5. 13 IT IS SO ORDERED. 14 Dated: The Clerk of the Court is directed to close this case. December 20, 2023 DALE A. DROZD UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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