-GGH (SS) Hicks v. Commissioner of Social Security, No. 2:2011cv00148 - Document 6 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 5/2/11 ADOPTING 3 FINDINGS AND RECOMMENDATIONS; and DENYING 2 Motion to Proceed IFP.. (Carlos, K)
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-GGH (SS) Hicks v. Commissioner of Social Security Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROGER HICKS, 11 Plaintiff, 12 CIV-S-11-0148 JAM GGH vs. 13 14 MICHAEL J. ASTRUE, Commissioner of Social Security, 15 16 ORDER Defendant. __________________________________/ 17 On February 22, 2011, the magistrate judge filed findings and recommendations 18 herein which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen days. No objections were filed. 20 This court reviews de novo those portions of the proposed findings of fact to 21 which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. 22 Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 23 (1982). As to any portion of the proposed findings of fact to which no objection has been made, 24 the court assumes its correctness and decides the motions on the applicable law. See Orand v. 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 \\\\\ 1 Dockets.Justia.com 1 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 2 1983). 3 The court has reviewed the applicable legal standards and, good cause appearing, 4 concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 5 Accordingly, IT IS ORDERED that: 6 1. The Findings and Recommendations filed February 22, 2011, are ADOPTED; 7 2. Plaintiff’s application to proceed in forma pauperis is DENIED; and 8 3. The court notes that plaintiff paid the filing fee on March 4, 2011. 9 DATED: May 2, 2011 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2