(SS) Billington v. Commissioner of Social Security, No. 1:2022cv01652 - Document 21 (E.D. Cal. 2024)

Court Description: ORDER ADOPTING 19 Findings and Recommendations and Denying 13 Plaintiff's Motion for Summary Judgment signed by Chief District Judge Kimberly J. Mueller on 3/27/2024. CASE CLOSED. (Lawrence, A)

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(SS) Billington v. Commissioner of Social Security Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON BILLINGTON, 12 13 14 15 16 17 Plaintiff, No. 1:22-cv-01652-NODJ-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. 19) MARTIN O’MALLEY, Commissioner of Social Security, Defendant. On March 7, 2024, the assigned magistrate judge issued findings and recommendations 18 recommending: (1) Plaintiff’s motion for summary judgment and appeal from the administrative 19 decision of the Commissioner of Social Security be denied, affirming the agency’s determination 20 to deny benefits; and (2) The Clerk of this Court be directed to enter judgment in favor of 21 Defendant Martin O’Malley, Commissioner of Social Security, and against Plaintiff Jason 22 Billington. (Doc. 19.) The findings and recommendations were served on the parties and 23 contained notice that any objections thereto were to be filed within fourteen (14) days after 24 service. (Id.) No objections were filed. 25 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a 26 de novo review of the case. Having carefully reviewed the file, the Court finds that the findings 27 and recommendations are supported by the record and proper analysis. The Court finds that the 28 Magistrate Judge appropriately evaluated the RFC limitations and the ALJ’s duty to develop the 1 Dockets.Justia.com 1 record. The Court further finds that the Magistrate Judge appropriately evaluated Plaintiff’s 2 symptoms testimony in relation to treatment notes, daily activities, and ability to control 3 symptoms with medication and other forms of treatment. 4 Accordingly, 5 1. 6 7 The findings and recommendations issued on March 7, 2024 (Doc. 19) are ADOPTED IN FULL; 2. Plaintiff’s motion for summary judgment and appeal from the administrative 8 decision of the Commissioner of Social Security is DENIED, affirming the 9 agency’s determination to deny benefits; and 10 3. The Clerk of the Court is directed to enter judgment in favor of Defendant Martin 11 O’Malley, Commissioner of Social Security, and against Plaintiff Jason Billington, 12 and to close this case. 13 DATED: March 27, 2024. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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