gno.law

District Court, S.D. California · 3:25-cv-01980 · 2026-08-24 · Unknown

Patricia H.C. v. Frank Bisignano, Commissioner of the Social Security Administration

Proceeding
district
Area
civil
Panel
James E. Simmons (author)

Analysis

An analysis of this opinion has been drafted and is under review; drafts are not shown. How analyses are made.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PATRICIA H.C.,1 Case No.: 3:25-cv-01980-JES-VET 12 Plaintiff, ORDER: 13 v. (1) ADOPTING REPORT AND 14 FRANK BISIGNANO, Commissioner of RECOMMENDATION; the Social Security Administration, 15 Defendant. (2) REVERSING DECISION OF THE 16 COMMISSIONER; and 17 (3) REMANDING ACTION FOR 18 FURTHER PROCEEDINGS 19 [ECF No. 15, 20] 20 21 Presently before the Court is Plaintiff Patricia H.C.’s Motion for Summary Judgment 22 pursuant to 42 U.S.C. § 405(g) and § 1383(c)(3). ECF No. 15. Magistrate Judge Valerie 23 Torres issued a Report and Recommendation (“R&R”) on the matter, recommending that 24 this Court reverse the decision of the Commissioner denying benefits and remanding the 25 26 27 1 Pursuant to Civil Local Rule 7.1(e)(6)(b), “[o]pinions by the Court in [Social Security cases under 42 U.S.C. § 405(g)] will refer to any non-government parties by using only their first name and last initial.” 28 1 |}matter back to the Commissioner for further administrative action. affirm the 2 ||Commissioner’s decision denying Plaintiff benefits. ECF No. 20. The parties were 3 instructed to file written objections to the R&R by August 14, 2026. Jd. at 13. 4 Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1) set forth a district 5 ||judge’s duties in connection with a magistrate judge’s R&R. The district judge must “make 6 ||a de novo determination of those portions of the report ... to which objection is made[,]” 7 “may accept, reject, or modify, in whole or in part, the findings or recommendations 8 ||made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see also United States v. Remsing, 9 ||874 F.2d 614, 617 (9" Cir. 1989). However, in the absence of objection(s), the Court “need 10 |/only satisfy itself that there is no clear error on the face of the record in order to accept the 11 ||}recommendation.” Fed. R. Civ. P. 72(b) advisory committee note to 1983 amendment; see 12 || also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9" Cir. 2003). 13 Neither party has filed objections to the R&R. Having reviewed the R&R, the Court 14 || finds it thorough, well-reasoned, and contains no clear error. Accordingly, the Court 15 hereby: (1) ADOPTS Magistrate Judge Torres’ R&R; (2) REVERSES the decision of the 16 Commissioner denying benefits to Plaintiff; and (3) REMANDS the case back to the 17 ||Commissioner for further review pursuant to 42 U.S.C. § 405(g). 18 IT IS SO ORDERED. 19 50 Dated: August 21, 2026 “4 we Se 4, 21 Honorable James E. Sunmons Jr. 09 United States District Judge 23 24 25 26 27 28