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Savitri Srivastava v. Michael J. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 13, 2010

SAVITRI SRIVASTAVA,
PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

AMENDED ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING THE GRANT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AFFIRMING THE AGENCY'S DENIAL OF BENEFITS

(Docs. 17 and 20)

Plaintiff Savitri Srivastava sought judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her application for disability insurance benefits under Title II of the Social Security Act (42 U.S.C. § 301 et seq.) (the "Act"). On February 16, 2010, Defendant moved for summary judgment affirming its denial of benefits. On November 4, 2010, the Magistrate Judge signed Findings and Recommendations recommending that this Court affirm the Commissioner's denial of disability insurance benefits to Plaintiff.

The Findings and Recommendations were served on the parties and contained notice that any objections to the Findings and Recommendations were to be filed within thirty days. No party filed timely objections with the court, but Plaintiff served objections on Defendant's counsel on or about December 6, 2010. Doc. 23. Upon receiving a copy of the Court's prior order adopting findings and recommendations (Doc. 21), Defendant filed Plaintiff's objections with the Court.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has reviewed this case de novo and has considered Plaintiff's objections. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and proper legal analysis.

Accordingly, IT IS HEREBY ORDERED that the Findings and Recommendations, filed November 4, 2010, are adopted in full, and Defendant's motion for summary judgment is granted.

IT IS SO ORDERED.

b9ed48

20101213

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