Opinion
CASE NO. C17-1359 RSM
01-04-2019
MICHELLE DIANE JOHNSTON, Plaintiff, v. NANCY A. BERRYHILL, Deputy Commissioner of Social Security for Operations, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation of Judge J. Richard Creatura (Dkt. #14) and the Objections filed by the parties (Dkts. #15 and #16). Defendant raises arguments previously made in briefing and ignores the full basis for Judge Creatura's ruling. Nothing contained in the Objections of either party causes the Court to question the Report and Recommendation, which set forth the proper legal standards, analyzed the issues that were dispositive, and came to a proper conclusion in this case.
The Court, having reviewed the Report and Recommendation of Judge J. Richard Creatura, United States Magistrate Judge, the Objections of the parties, and the remainder of the record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) The matter is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for further consideration.
(3) JUDGMENT is for plaintiff and the case should be closed.
(4) The Clerk is directed to send copies of this Order to counsel of record.
Dated this 4th day of January 2019.
/s/_________
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE