(SS) Schiel v. Commissioner of Social Security, No. 2:2009cv01416 - Document 23 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 10/1/10 ORDERING that The Proposed 22 Findings and Recommendations filed August 16, 2010, are ADOPTED. Plaintiff's 17 motion for summary judgment and/or remand is granted in part and denied in p art. The Commissioner's 18 cross-motion for summary judgment is DENIED. This action is remanded to the Commissioner pursuant to sentence four of 42U.S.C. 405(g) for further proceedings consistent with this order. The Clerk is directed to enter judgment for plaintiff. CASE CLOSED. (Duong, D)
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(SS) Schiel v. Commissioner of Social Security Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARTHUR LEE SCHIEL, 11 Plaintiff, 12 13 No. CIV S-09-1416 FCD EFB vs. MICHAEL J. ASTRUE, Commissioner of Social Security, ORDER 14 15 Defendant. __________________________________/ 16 On August 16, 2010, the magistrate judge filed findings and recommendations 17 herein which were served on the parties and which contained notice that any objections to the 18 findings and recommendations were to be filed within fourteen days. No objections were filed. 19 Accordingly, the court presumes any findings of fact are correct. See Orland v. 20 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are 21 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 22 1983). The court has reviewed the applicable legal standards and, good cause appearing, 23 24 concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. Accordingly, IT IS ORDERED that: 25 26 ///// 1 Dockets.Justia.com 1. The Proposed Findings and Recommendations filed August 16, 2010, are 1 2 ADOPTED; 2. Plaintiff's motion for summary judgment and/or remand is granted in part and 3 4 denied in part; 5 3. The Commissioner’s cross-motion for summary judgment is denied; 6 4. This action is remanded to the Commissioner pursuant to sentence four of 42 7 U.S.C. § 405(g) for further proceedings consistent with this order; and 8 5. The Clerk is directed to enter judgment for plaintiff. 9 DATED: October 1, 2010. 10 11 12 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2