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

11 ASHLEY ANN YAMADA, ) Case No.: 1:20-cv-01386 JLT BAM ) 12 Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, GRANTING 13 ) PLAINTIFF’S MOTION FOR SUMMARY ) JUDGMENT, AND REMANDING FOR FURTHER 14 v. ) PROCEEDINGS PURSUANT TO SENTENCE ) FOUR OF

(g) 15 MARTIN O’MALLEY, ) Commissioner of Social Security1, ) ORDER DIRECTING ENTRY OF JUDGMENT IN 16 ) FAVOR OF PLAINTIFF ASHLEY ANN YAMADA Defendant. ) AND AGAINST DEFENDANT MARTIN 17 ) O’MALLEY, COMMISSIONER OF SOCIAL ) SECURITY 18 ) ) (Docs. 23, 28) 19 )

20 Ashley Ann Yamada seeks judicial review of a final decision denying her application for 21 benefits under the Social Security Act. (Doc. 23.) The magistrate judge found the administrative law 22 judge “erred in discounting Plaintiff’s symptom testimony.” (Doc. 28 at 12; see also

.) As a 23 result, “the ALJ’s decision was not supported by substantial evidence in the record as a whole and was 24 not based on proper legal standards.” (Id. at 14.) The magistrate judge determined the matter should 25 be remanded for the ALJ to “address whether Plaintiff's symptoms testimony is adequately supported 26 or whether there are specific, clear and convincing reasons for rejecting Plaintiff's symptoms 27

28 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d) of the 1 testimony.” (d. at 13.) Therefore, the magistrate judge recommended Plaintiff's motion for summar 2 judgment be granted, the agency’s determination to deny benefits be reversed, and judgment be 3 || entered in favor of Plaintiff. Ud. at 14.) 4 The Court served the Findings and Recommendations on the parties and notified them that an 5 || objections were due within 14 days. (Doc. 28 at 14.) The Court advised the parties that the “failure t 6 || file objections within the specified time may result in the waiver of the ‘rights to challenge the 7 || magistrate judge’s factual findings’ on appeal.” (/d., quoting Wilkerson v. Wheeler,

, 8 || 838-39 (9th Cir. 2014).) Neither the Commissioner or Plaintiff filed objections, and the time to do sc 9 || has passed. 10 According to

(b)(1), this Court performed a de novo review of this case. 11 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 12 || supported by the record and proper analysis. Thus, the Court ORDERS: 13 1. The Findings and Recommendations issued on June 28, 2024 (Doc. 28) are ADOPTE 14 in full. 15 2. Plaintiff's motion for summary judgment (Doc. 23) is GRANTED. 16 3. The administrative decision is reversed, and the matter is REMANDED pursuant to 17 sentence four of

(g) for further proceedings. 18 4. The Clerk of Court is directed to enter judgment in favor of Plaintiff Ashley Ann 19 Yamada, and against Defendant Martin O’ Malley, Commissioner of Social Security, 20 and to close this case. 21 22 IT IS SO ORDERED. 23 |! Dated: _ August 27, 2024 ( LAW ph L. wan 24 TED STATES DISTRICT JUDGE 25 26 27 28