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Varao v. Berryhill, 17CV2463-LAB (JLB). (2018)

Court: District Court, N.D. California Number: infdco20180108672 Visitors: 8
Filed: Jan. 04, 2018
Latest Update: Jan. 04, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION; AND ORDER OF DISMISSAL WITHOUT PREJUDICE LARRY ALAN BURNS , District Judge . Plaintiff Stephanie Varao took appealed the denial of social security disability benefits. As provided by 28 U.S.C. 636(b), the case was referred to Magistrate Judge Jill Burkhardt for report and recommendation. Judge Burkhardt granted Varao's motion to proceed in forma pauperis ("IFP"), then conducted the mandatory screening required by 28 U.S.C. 1915(e). In her re
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ORDER ADOPTING REPORT AND RECOMMENDATION; AND

ORDER OF DISMISSAL WITHOUT PREJUDICE

Plaintiff Stephanie Varao took appealed the denial of social security disability benefits. As provided by 28 U.S.C. § 636(b), the case was referred to Magistrate Judge Jill Burkhardt for report and recommendation.

Judge Burkhardt granted Varao's motion to proceed in forma pauperis ("IFP"), then conducted the mandatory screening required by 28 U.S.C. § 1915(e). In her report and recommendation (the "R&R"), Judge Burkhardt noted that the complaint did not meet the standard set forth in Fed. R. Civ. P. 8 and discussed in Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The R&R recommended dismissal of the complaint without prejudice.

Varao then filed a document styled as her objections to the R&R. A district court has jurisdiction to review a Magistrate Judge's report and recommendation on dispositive matters. Fed. R. Civ. P. 72(b). The Court may accept, reject, or modify, in whole or in part, the R & R's findings or recommendations. 28 U.S.C. § 636(b)(1). The Court reviews de novo those portions of the R & R to which specific written objection is made. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.2003) (en banc).

Varao's "objections" in fact agree with everything in the R&R, and attach a proposed amended complaint which she believes cure the defects the R&R identified. Because Varao agrees the original complaint is subject to dismissal, the Court OVERRULES her objections, ADOPTS the R&R, and DISMISSES THE COMPLAINT without prejudice. Varao shall file her proposed amended complaint promptly — and in any event, within 14 calendar days of the date this order is issued. Judge Burkhardt should screen the amended complaint and, if appropriate, order it served.

IT IS SO ORDERED.

Source:  Leagle

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