(SS)(PS) McCoy v. Commissioner of Social Security, No. 2:2023cv00881 - Document 15 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 12/1/2023 ADOPTING 12 The Findings and Recommendations in full; These action is DISMISSED WITHOUT PREJUDICE pursuant to FRCP 41(b); and The Clerk of Court is directed to CLOSE this case. CASE CLOSED. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEILA MARIE MCCOY, 12 13 14 15 Plaintiff, COMMISSIONER OF SOCIAL SECURITY, Defendant. LEILA MARIE MCCOY, Plaintiff, 18 19 20 21 (ECF No. 12) v. 16 17 No. 2:23-cv-881-DJC-KJN No. 2:23-cv-882-DJC-KJN (ECF No. 15) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. 22 23 On October 19, 2023, the Magistrate Judge filed findings and 24 recommendations (ECF No. 12 in the -881 case; ECF No. 15 in the -882 case), which 25 were served on the parties, and which contained notice that any objections to the 26 findings and recommendations were to be filed within fourteen (14) days. No 27 objections were filed. Accordingly, the court presumes that any findings of fact are 28 correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The 1 1 magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi Valley 2 Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 3 The Court has reviewed the applicable legal standards and, good cause 4 appearing, concludes that it is appropriate to adopt the findings and 5 recommendations in full. Accordingly, IT IS HEREBY ORDERED that: 6 7 8 9 10 1. The findings and recommendations (ECF No. 12 in the -881 case; ECF No. 15 in the -882 case) are ADOPTED IN FULL; 2. These actions are DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b); and 3. The Clerk of Court is directed to CLOSE these cases. 11 12 13 IT IS SO ORDERED. Dated: December 1, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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