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De La Rosa v. Saul, 18-cv-1649-WQH-MSB. (2019)

Court: District Court, N.D. California Number: infdco20190903c60 Visitors: 30
Filed: Aug. 30, 2019
Latest Update: Aug. 30, 2019
Summary: ORDER WILLIAM Q. HAYES , District Judge . The matter before the Court is the review of the Report and Recommendation issued by United States Magistrate Judge Michael S. Berg (ECF No. 18), pursuant to Plaintiff and Defendant's joint motion for judicial review (EFC No. 17), recommending that Plaintiff's request for reversal of the Commissioner of Social Security Administration's decision and remand be granted and Defendant's request be denied. The duties of the district court in connection w
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ORDER

The matter before the Court is the review of the Report and Recommendation issued by United States Magistrate Judge Michael S. Berg (ECF No. 18), pursuant to Plaintiff and Defendant's joint motion for judicial review (EFC No. 17), recommending that Plaintiff's request for reversal of the Commissioner of Social Security Administration's decision and remand be granted and Defendant's request be denied.

The duties of the district court in connection with a report and recommendation of a magistrate judge are set forth in Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b). The district judge must "make a de novo determination of those portions of the report . . . to which objection is made," and "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b). The district court need not review de novo those portions of a Report and Recommendation to which neither party objects. See Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("Neither the Constitution nor the [Federal Magistrates Act] requires a district judge to review, de novo, findings and recommendations that the parties themselves accept as correct.").

No party has filed an objection to the Report and Recommendation. The Court has reviewed the Report and Recommendation, the record, and the submissions of the parties.

IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 18) is adopted in its entirety. Plaintiff's request is granted, and Defendant's request is denied. (ECF No. 17). The Clerk is ordered to enter judgment remanding this action to the Commissioner of Social Security Administration under Sentence Four of 42 U.S.C. § 405(g) for a new hearing before an administrative law judge for further consideration consistent with this opinion.

Source:  Leagle

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