-DAD (SS) Cox v. Commissioner of Social Security, No. 2:2005cv01384 - Document 42 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 9/27/11 ORDERING that the 39 findings and recommendations filed September 9, 2011, are adopted in full. Plaintiff's 35 January 10, 2011 motion for summary judgment is GRANTED as set forth in t he findings and recommendations. Defendant's 36 January 27, 2011 cross-motion for summary judgment is DENIED. The decision of the Commissioner of Social Security is reversed. This action is remanded for further proceedings consistent with this order. CASE CLOSED. (Duong, D)

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-DAD (SS) Cox v. Commissioner of Social Security Doc. 42 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEATRICE COX, 11 12 13 No. CIV S-05-1384 GEB1 DAD Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, 14 ORDER Defendant. 15 / 16 17 This action was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636 and Local Rule 302(c)(15). 18 On September 9, 2011, the magistrate judge filed findings and recommendations 19 herein which were served on the parties and which contained notice to all parties that any 20 objections to the findings and recommendations were to be filed within fourteen days. Defendant 21 has filed timely objections to the findings and recommendations, and plaintiff has filed a timely 22 reply. 23 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the court has conducted a de novo review of this case. Having carefully reviewed the entire 25 1 26 By order filed August 31, 2011 (Doc. No. 38), this action was reassigned from District Judge Frank C. Damrell, Jr. to District Judge Garland E. Burrell, Jr. 1 Dockets.Justia.com 1 file, the court finds the findings and recommendations to be supported by the record and by 2 proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed September 9, 2011, are adopted in 5 full; 6 7 2. Plaintiff’s January 10, 2011 motion for summary judgment (Doc. No. 35) is granted as set forth in the findings and recommendations; 8 9 3. Defendant’s January 27, 2011 cross-motion for summary judgment (Doc. No. 36) is denied; 10 4. The decision of the Commissioner of Social Security is reversed; and 11 5. This action is remanded for further proceedings consistent with this order. 12 Dated: September 27, 2011 13 14 15 GARLAND E. BURRELL, JR. United States District Judge 16 17 18 19 20 21 22 23 24 25 26 2

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