(SS) Bay v. Commissioner of Social Security, No. 2:2017cv01034 - Document 25 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Troy L. Nunley on 9/14/2018 ADOPTING the 24 findings and recommendations in full. Plaintiff's 13 Motion for Summary Judgment is GRANTED. The Commissioner's 14 Cross-Motion for Summary Judgment is DENIED. The action is REMANDED for further proceedings pursuant sentence four of 42 U.S.C. § 405(g). Judgment is entered for Plaintiff. CASE CLOSED. (Zignago, K.)

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(SS) Bay v. Commissioner of Social Security Doc. 25 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DENNIS T. BAY, 12 Plaintiff, 13 14 15 No. 2:17-cv-01034-TLN-KJN v. ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant. 16 17 On August 22, 2018, the magistrate judge filed findings and recommendations (ECF No. 18 19 24), which were served on the parties and which contained notice that any objections to the 20 findings and recommendations were to be filed within fourteen (14) days. No objections were 21 filed. Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 22 23 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 24 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 25 1983). 26 The Court has reviewed the applicable legal standards and, good cause appearing, 27 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 28 IT IS HEREBY ORDERED that: 1 Dockets.Justia.com 1 1. The findings and recommendations (ECF No. 24) are ADOPTED. 2 2. Plaintiff’s motion for summary judgment (ECF No. 13) is GRANTED. 3 3. The Commissioner’s cross-motion for summary judgment (ECF No. 22) is DENIED 4 4. The action is remanded for further proceedings pursuant to sentence four of 42 U.S.C. 5 § 405(g). 6 5. Judgment is entered for Plaintiff. 7 IT IS SO ORDERED. 8 9 Dated: September 14, 2018 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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