Opinion
2:22-cv-06123-GW-PVC
12-02-2022
JASON ERIK LUND, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
E. MARTIN ESTRADA United States Attorney DAVID M. HARRIS Assistant United States Attorney CEDINA M. KIM Assistant United States Attorney Senior Trial Attorney, Civil Division SUSAN L. SMITH, CA STATE BAR NO.: 253808 Special Assistant United States Attorney Attorneys for Defendant
E. MARTIN ESTRADA
United States Attorney
DAVID M. HARRIS
Assistant United States Attorney
CEDINA M. KIM
Assistant United States Attorney
Senior Trial Attorney, Civil Division
SUSAN L. SMITH, CA STATE BAR NO.: 253808
Special Assistant United States Attorney
Attorneys for Defendant
JUDGMENT OF REMAND
PEDRO V. CASTILLO, UNITED STATES MAGISTRATE JUDGE
The Court having approved the parties' Stipulation to Remand for Further Proceedings Pursuant to Sentence Four of 42.U.S.C. § 405(g) and for Entry of Judgment in Favor of Plaintiff (“Stipulation to Remand”) lodged concurrent with the lodging of the within Judgment of Remand, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the Stipulation to Remand.
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.