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5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CHRYSTAL HOLMES, Case No. 1:23-cv-1279-WBS-SKO

11 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING 12 v. THAT PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT BE GRANTED 13 MARTIN O’MALLEY, AND THE ACTION BE REMANDED TO COMMISSIONER OF SOCIAL THE COMMISSIONER FOR FURTHER 14 SECURITY, 1 PROCEEDINGS 15 Defendant. 16 (Doc. 26) 17 18 19 Plaintiff Chrystal Holmes seeks judicial review of a final decision of the Commissioner of 20 Social Security denying her application for benefits. (Docs. 1, 12). The magistrate judge found 21 the ALJ erred by failing to provide clear and convincing reasons to discount Plaintiff’s subjective 22 complaints. (Doc. 26 at 12). Therefore, the magistrate judge recommended Plaintiff’s motion for 23 judgment be granted and the matter be remanded for further administrative proceedings. (Id. at 24 15-16). In addition, the magistrate judge recommended judgment be entered in favor of Plaintiff 25 and against the Commissioner. (Id.). 26 1 On December 20, 2023, Martin O’Malley was named Commissioner of the Social Security Administration. See 27 https://www.ssa.gov/history/commissioners.html. He is therefore substituted as the defendant in this action. See

(g) (referring to the “Commissioner’s Answer”);

(d) (“the person holding the Office 28 of the Commissioner shall, in [their] official capacity, be the proper defendant.”). 1 The Court served the Findings and Recommendations on all parties and notified them that 2 || any objections were due within 14 days. (Doc. 26 at 15-16). The Court also informed the parties 3 | that “the failure to file objections within the specified time may result in the waiver of rights on 4 | appeal.” (/d., quoting Wilkerson v. Wheeler,

(9th Cir. 2014).) No objections 5 | were filed and the time to do so expired. 6 Pursuant to

(b)(1)(c), this Court performed a de novo review of the case. 7 Having carefully reviewed the entire matter, the Court concludes the Findings and 8 Recommendations are supported by the record and proper analysis. Accordingly, the Court ORDERS: ° 1. The Findings and Recommendations issued on August 28, 2024 (Doc. 26) are 8 ADOPTED. 2. Plaintiff's Motion for Summary Judgment (Doc. 12) is GRANTED. 2 3. The matter is REMANDED pursuant to sentence four of

(g) for 1S further administrative proceedings. 4. The Clerk of Court is directed to enter judgment in favor of Plaintiff Chrystal Holmes 15 and against Defendant Martin O’Malley, Commissioner of Social Security, and to 16 close this case. 17 | Dated: October 1, 2024 dh blew 4k. fod... t~-—- 18 WILLIAM B. SHUBB 19 UNITED STATES DISTRICT JUDGE

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