Opinion
2:22-cv-08242-FMO-PVC
06-13-2023
YUSEF HARRISON, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
E. MARTIN ESTRADA United States Attorney DAVID M. HARRIS Assistant United States Attorney Chief, Civil Division CEDINA M. KIM Assistant United States Attorney Senior Trial Attorney, Civil Division JENNIFER LEE TARN Special Assistant United States Attorney Attorneys for Defendant
E. MARTIN ESTRADA
United States Attorney
DAVID M. HARRIS
Assistant United States Attorney
Chief, Civil Division
CEDINA M. KIM
Assistant United States Attorney
Senior Trial Attorney, Civil Division
JENNIFER LEE TARN
Special Assistant United States Attorney
Attorneys for Defendant
[PROPOSED] JUDGMENT
HONORABLE JUDGE PEDRO V. CASTILLO, UNITED STATES MAGISTRATE JUDGE
The Court having approved the parties' stipulation to remand this case pursuant to Sentence 4 of 42 U.S.C. § 405(g) for further proceedings consistent with that stipulation and for entry of judgment for Plaintiff, judgment is hereby entered for Plaintiff.
In Bastidas v. Chappell, 791 F.3d 1155 (9th Cir. 2015), the Ninth Circuit held that the magistrate judge had the authority to grant Petitioner's request to dismiss two unexhausted claims in his habeas petition without the approval of a district judge, as the magistrate judge's order was simply “doing what [the] habeas petitioner has asked.” Id. at 1165. While Bastidas is not entirely on point, the stipulation for remand and entry of judgment here is jointly made by the parties, without any compulsion from the magistrate judge. Because there appears to be no danger of undue prejudice to any party, the Court grants the request.