Darryl Henry Green v. Commissioner of Social Security

United States District Court for the Central District of California

Darryl Henry Green v. Commissioner of Social Security

Trial Court Opinion

Case 2:41-cv-02959-DSF-PVC Document 18 Filed 02/17/22 Page 1of1 Page ID #:1301

1 JS-6 5 UNITED STATES DISTRICT COURT 6 CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION g |} DARRYL HENRY GREEN, ) 9 Plaintiff, ) Case No.: 2:21-cv-02959-DSF-PVC ) 10 VS. ) JUDGMENT ) '! | KILOLO KIJAKAZI, Acting ) 12 Commissioner of Social Security, ) 13 ) Defendant. ) 14 ) 15 16 The Court having approved the parties’ stipulation to remand this case 17 pursuant to Sentence 4 of

42 U.S.C. § 405

(g) for further proceedings consistent 18 || with that stipulation and for entry of judgment for Plaintiff, judgment is hereby 19 || entered for Plaintiff.' 20 hi Af 21 |} DATED: February 17, 2022 HON. PEDRO V. CASTILLO °2 UNITED STATES MAGISTRATE JUDGE 23 24 25 ||' In Bastidas v. Chappell,

791 F.3d 1155

(9" Cir. 2015), the Ninth Circuit held that the magistrate judge. ad the authority to grant Petitioner’s request to dismiss two 26 || unexhausted claims in his habeas petition without the approval of a district judge, as the Inagistrate judge's order was simply doing what fthe| habeas petitioner has 27 \|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 28 || compulsion from the magistrate judge. Because there appears to be no danger of undue prejudice to any party, the Court grants the request.

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Reference

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