Roman v. Kijakazi

District Court, D. Montana

Roman v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

JOVONE ROMAN, CV 19-52-BLG-SPW Plaintiff, vs. ORDER ADOPTING MAGISTRATE’S FINDINGS KILO KIJAKAZI, Acting AND RECOMMENDATIONS Commissioner of the Social Security Administration, Defendant.

The United States Magistrate Judge filed Findings and Recommendations on May 23, 2022. (Doc. 35). The Magistrate recommended that Plaintiffs motion for

summary judgment be granted, and the Commissioner’s decision be remanded for further administrative proceedings. (Doc. 35 at 2). Pursuant to

28 U.S.C. § 636

(b)(1), parties are required to file written objections within 14 days of the filing of the Magistrate’s Findings and Recommendation. No objections were filed. When neither party objects, this Court reviews the Magistrate’s Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.,

656 F.2d 1309, 1313

(9th Cir. 1981). Clear error exists if the Court is left with a “definite and firm conviction that a mistake has been committed.” United States v. Syrax,

235 F.3d 422, 427

(9th Cir. 2000). After reviewing the Findings and Recommendation, this

Court does not find that the Magistrate committed clear error.

IT IS ORDERED that the proposed Findings and Recommendations entered

by the United States Magistrate Judge (Doc. 35) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment (Doc. 24) is GRANTED. This matter is REMANDED pursuant to sentence four of

42 U.S.C. § 405

(g) for further proceedings consistent with Judge Cavan’s findings and this opinion.

DATED this 5 day of July, 2022.

SUSAN P. WATTERS United States District Judge

Reference

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