Powers v. Saul

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 SARAH ANNE P., Case No.: 20-cv-1029-MMA (MDD) 11 ORDER ADOPTING REPORT AND 12 Plaintiff, RECOMMENDATION OF UNITED v. STATES MAGISTRATE JUDGE; 13 ANDREW SAUL, [Doc. No. 17] 14 GRANTING PLAINTIFF’S MOTION 15 Defendant. FOR SUMMARY JUDGMENT AND REMANDING ACTION TO SOCIAL 16 SECURITY ADMINISTRATION

17 [Doc. No. 13]

18 19 20 On June 4, 2020, Sarah Anne P. (“Plaintiff”) filed this social security appeal 21 challenging the denial of her application for disability benefits. See Doc. No. 1. The 22 Court referred all matters arising in this action to the assigned United States Magistrate 23 Judge for report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Civil 24 Local Rule 72.1. See Doc. No. 4. On November 10, 2020, the parties filed the 25 administrative record. See Doc. No. 11. Thereafter, Plaintiff filed a motion for summary 26 judgment. See Doc. No. 13. Judge Dembin has issued a report recommending that the 27 Court grant Plaintiff’s motion and remand the case for further administrative action to 28 determine whether Plaintiff is disabled. See Doc. No. 17. l Pursuant to Rule 72(b) of the Federal Rules of Civil Procedure and 28 U.S.C. 2 || § 636(b)(1), the Court must “make a de novo determination of those portions of the report 3 ||... to which objection is made,” and “may accept, reject, or modify, in whole or in part, 4 || the findings or recommendations made by the magistrate [judge].” 28 U.S.C. 5 || § 636(b)(1); see also United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989). 6 || Objections to the Report and Recommendation were due no later than March 25, 2021. 7 || See Doc. No. 17 at 20. To date, neither party has objected to the Report and 8 || Recommendation, and the time for doing so has expired. See Docket. 9 The Court finds that Judge Dembin has issued an accurate Report and well- 10 || reasoned recommendation that the motion be granted. The Court therefore ADOPTS the 11 Report and Recommendation in its entirety, GRANTS Plaintiff's motion, and 12 ||, REMANDS this matter to the Social Security Administration pursuant to sentence four 13 41 U.S.C. § 405(g) for further administrative proceedings consistent with this Court’s 14 || Order and Judge Dembin’s Report and Recommendation. The Court further DIRECTS 15 Clerk of Court to enter judgment accordingly and close the case. 16 IT IS SO ORDERED. 17 ||Dated: March 26, 2021 18 Vite ld - Ld lols 19 HON. MICHAEL M. ANELLO 50 United States District Judge 21 22 23 24 25 26 27 28