(SS) Navarro De Rodiguez v. Commissioner of Social Security

United States District Court for the Eastern District of California

(SS) Navarro De Rodiguez v. Commissioner of Social Security

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 MARIA DE LA PAZ NAVARRO DE ) Case No.: 1: 21-cv-1697 JLT BAM RODRIGUEZ on behalf of GILBERTO ) 12 RODRIGUEZ ALVAREZ, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DENYING PLAINTIFF’S 13 Plaintiff, ) MOTION FOR SUMMARY JUDGMENT, AND ) GRANTING DEFENDANT’S REQUEST TO 14 v. ) AFFIRM THE ADMINISTRATIVE DECISION ) 15 MARTIN O’MALLEY, ) ORDER DIRECTING THE CLERK OF COURT TO Commissioner of Social Security1, ) ENTER JUDGMENT IN FAVOR OF 16 ) DEFENDANT MARTIN O’MALLEY, Defendant. ) COMMISSIONER OF SOCIAL SECURITY, AND 17 ) TO CLOSE THE CASE ) 18 ) (Docs. 20, 21, 22)

19 Maria De La Paz Navarro De Rodriguez initiated this action by filing a complaint on behalf of 20 Gilberto Rodriguez Alvarez, seeking judicial review of the administrative decision denying benefits 21 for Mr. Rodriguez Alvarez. (See generally Doc. 1; Doc. 20.) The magistrate judge found the ALJ 22 applied the proper legal standards and substantial evidence supported the administrative decision. 23 (Doc. 22 at 6-18.) Therefore, the magistrate judge recommended Plaintiff’s motion for summary 24 judgment be denied, the Commissioner’s request to affirm the administrative decision be granted, and 25 judgment be entered in favor of the Commissioner. (Id. at 18.) 26 The Court served the Findings and Recommendations on the parties and notified them that any 27

28 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d) of the 1 || objections were due within 14 days. (Doc. 22 at 18.) The Court advised the parties that failure to file 2 || any objections within the specified time may result in the waiver of rights on appeal. (Ud., citing 3 || Wilkerson v. Wheeler,

772 F.3d 834, 838-39

(9th Cir. 2014).) Neither Plaintiff nor the Commissione! 4 || filed objections, and the time to do so has passed. 5 According to

28 U.S.C. § 636

(b)(1), this Court performed a de novo review of this case. 6 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 7 || supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations dated July 26, 2024 (Doc. 22) are ADOPTED. 9 2. Plaintiff's motion for summary judgment (Doc. 20) is DENIED. 10 3. The Commissioner’s request to affirm the administrative decision (Doc. 21) is 11 GRANTED. 12 4. The Clerk of Court is directed to enter judgment in favor of Defendant Martin 13 Malley, Commissioner of Social Security, and against Plaintiff Maria De La Paz 14 Navarro De Rodriguez 0/b/o Gilberto Rodriguez Alvarez, and to close this case. 15 16 IS SO ORDERED. Dated: _ August 12, 2024 ( Li pA LU. wan 18 TED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28

Reference

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