(SS) Embernate v. Commissioner of Social Security, No. 2:2017cv00040 - Document 19 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 4/26/2018 FINDINGS AND RECOMMENDATIONS 16 are ADOPTED in FULL; Plaintiff's 10 Motion for Summary Judgment is GRANTED; Defendant's 11 Cross Motion for Summary Judgment is DENIED; the Com missioner's decision is REVERSED; this matter is REMANDED for further proceedings consistent with the findings and recommendations; and the Clerk of the Court is ORDERED to enter judgment for plaintiff and close the case. CASE CLOSED (Reader, L)
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(SS) Embernate v. Commissioner of Social Security Doc. 19 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHERRELYN EMBERNATE, 12 Plaintiff, 13 14 15 No. 2:17-cv-0040 JAM DB v. ORDER NANCY A. BERRYHILL, Acting Commissioner of Social Security, 16 Defendant. 17 This action was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636 18 19 and Local Rule 302(c)(15). On February 14, 2018, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days after service of the 23 findings and recommendations. Defendant has filed objections to the findings and 24 recommendations. The court has reviewed the file and finds the findings and recommendations to be 25 26 supported by the record and by the magistrate judge’s analysis. 27 //// 28 //// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 14, 2018 (ECF No. 16) are adopted 3 in full; 4 2. Plaintiff’s motion for summary judgment (ECF No. 10) is granted; 5 3. Defendant’s cross-motion for summary judgment (ECF No. 11) is denied; 6 4. The Commissioner’s decision is reversed; 7 5. This matter is remanded for further proceedings consistent with the findings and 8 9 recommendations; and 6. The Clerk of the Court is ordered to enter judgment for plaintiff and close this case. 10 11 DATED: April 26, 2018 /s/ John A. Mendez____________ 12 UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 _____ \embernate0040.jo 27 28 2