Powers v. Saul

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

SARAH ANNE P., Case No.: 20-cv-1029-MMA (MDD) ORDER ADOPTING REPORT AND Plaintiff, RECOMMENDATION OF UNITED v. STATES MAGISTRATE JUDGE; ANDREW SAUL, [Doc. No. 17]

GRANTING PLAINTIFF’S MOTION Defendant. FOR SUMMARY JUDGMENT AND REMANDING ACTION TO SOCIAL SECURITY ADMINISTRATION [Doc. No. 13]

On June 4, 2020, Sarah Anne P. (“Plaintiff”) filed this social security appeal challenging the denial of her application for disability benefits. See Doc. No. 1. The Court referred all matters arising in this action to the assigned United States Magistrate Judge for report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Civil Local Rule 72.1. See Doc. No. 4. On November 10, 2020, the parties filed the administrative record. See Doc. No. 11. Thereafter, Plaintiff filed a motion for summary judgment. See Doc. No. 13. Judge Dembin has issued a report recommending that the Court grant Plaintiff’s motion and remand the case for further administrative action to 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. § 636(b)(1), the Court 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 [judge].” 28 U.S.C. § 636(b)(1); see also United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989). Objections to the Report and Recommendation were due no later than March 25, 2021. See Doc. No. 17 at 20. To date, neither party has objected to the Report and Recommendation, and the time for doing so has expired. See Docket.

The Court finds that Judge Dembin has issued an accurate Report and well- reasoned recommendation that the motion be granted. The Court therefore ADOPTS the Report and Recommendation in its entirety, GRANTS Plaintiff's motion, and , REMANDS this matter to the Social Security Administration pursuant to sentence four 41 U.S.C. § 405(g) for further administrative proceedings consistent with this Court’s Order and Judge Dembin’s Report and Recommendation. The Court further DIRECTS Clerk of Court to enter judgment accordingly and close the case.

IT IS SO ORDERED.

Dated: March 26, 2021

Vite ld - Ld lols HON. MICHAEL M. ANELLO 50 United States District Judge