The opinion
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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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11 GARY SCOTT BROWN, No. 1:23-cv-1168-WBS-GSA
12 Plaintiff,
13 v. ORDER
14 MARTIN O’MALLEY,
COMMISSIONER OF SOCIAL
15 SECURITY,1
16 Defendant. (ECF Nos. 13, 18, 21)
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Plaintiff Gary Scott Brown initiated this action seeking judicial review of a final decision
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of the Commissioner of Social Security denying his application for disability insurance benefits
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pursuant to Title II of the Social Security Act. (ECF No. 1). The matter was referred to a United
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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On October 3, 2024, the Magistrate Judge filed findings and recommendations
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recommending that plaintiff’s motion for summary judgment be denied, that defendant’s cross-
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motion be granted, and that the Commissioner’s final decision be affirmed. (ECF No. 21). The
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findings and recommendations advised the parties that objections were due within fourteen days.
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On October 16, 2024, plaintiff filed objections to the findings and recommendations, which the
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1 Martin O’Malley, who has been appointed Commissioner of Social Security, is substituted as the defendant in this
28 case. See Fed. R. Civ. P. 25(d)
1 | court has considered. (ECF No. 22). On October 28, 2024, defendant filed a response to
2 | plaintiffs objections, which the court has also considered. (ECF No. 23).
3 The court reviews de novo those portions of the proposed findings of fact to which an
4 | objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp v. Commodore
5 || Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d
6 | 930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection
7 | has been made, the court assumes its correctness and decides the matter on the applicable law.
8 | See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s
9 | conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d
10 | 452, 454 (9th Cir. 1983)
11 After reviewing the record, including plaintiff's objections and defendant’s response
12 | thereto, the court finds the findings and recommendations to be supported by the record and by
13 | proper analysis.
14 Accordingly, IT IS HEREBY ORDERED that:
15 1. The findings and recommendations filed October 3, 2024 CECF No. 21)
16 are ADOPTED IN FULL;
17 2. Plaintiff's motion for summary judgment (ECF No. 13) is DENIED;
18 3. Defendant’s cross-motion for summary judgment (ECF No. 18) is
19 GRANTED;
20 4. The Commissioner’s final decision is AFFIRMED; and
21 5. The Clerk of Court is directed to enter judgment in favor of
22 defendant Commissioner of Social Security and against plaintiff.
23 | Dated: November 19, 2024 Ju LZ, ak 1d
24 WILLIAMB.SHUBB © |
35 UNITED STATES DISTRICT JUDGE
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