Cooper v. Berryhill

United States District Court for the Southern District of California

Cooper v. Berryhill

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CAROL C., Case No.: 18-cv-1499-AJB-MSB

12 Plaintiff, ORDER: 13 v. (1) ADOPTING THE REPORT AND 14 ANDREW M. SAUL, Commissioner of Social Security, 1 RECOMMENDATION (Doc. No. 21); 15 AND Defendant. 16 (2) REMANDING THE MATTER TO 17 THE SOCIAL SECURITY ADMINISTRATION 18

19 Before the Court is the parties’ Joint Motion for Judicial Review on Plaintiff’s 20 request that the Court review the commissioner’s denial of her claim for disability benefits. 21 (Doc. No. 20.) The Court referred the matter to Magistrate Judge Michael S. Berg for a 22 Report and Recommendation (“R&R”). (Doc. No. 10.) The R&R recommends that 23 judgment be entered reversing the decision of the Commissioner and remanding the matter 24 for further proceedings before the Social Security Administration pursuant to sentence four 25 of

42 U.S.C. § 405

(g). (Doc. No. 21 at 26.) The parties were instructed to file written 26

27 1 Andrew M. Saul became Commissioner of Social Security on June 17, 2019 and is therefore 28 1 || objections to the R&R by February 14, 2020. Ud.) 2 Federal Rule of Civil Procedure 72(b) and

28 U.S.C. § 636

(b)(1) set forth a district 3 || judge’s duties in connection with a magistrate judge’s R&R. The district judge must “make 4 ||a de novo determination of those portions of the report . . . to which objection is made[,]” 5 “may accept, reject, or modify, in whole or in part, the findings or recommendations 6 made by the magistrate judge.”

28 U.S.C. § 636

(b)(1); see also United States v. Remsing, 7 ||

874 F.2d 614, 617

(9th Cir. 1989). However, in the absence of objection(s), the Court “need 8 satisfy itself that there is no clear error on the face of the record in order to accept the 9 || recommendation.” Fed. R. Civ. P. 72(b) advisory committee note to the 1983 amendment; 10 || see also United States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003). 11 Neither party has filed objections to Magistrate Judge Berg’s R&R. Having reviewed 12 ||the R&R, the Court finds it thorough, well-reasoned, and contains no clear error. 13 || Accordingly, the Court hereby: ADOPTS Magistrate Judge Berg’s R&R in its entirety, 14 ||(Doc. No. 21), and REMANDS the matter for further proceedings before the Social 15 ||Security Administration. The Court Clerk is instructed to close the case. 16 IT IS SO ORDERED. 17 |! Dated: February 25, 2020 | ZS i : Le 18 Hon. Anthony J.Battaglia 19 United States District Judge 20 21 22 23 24 25 26 27 28

Reference

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