Erica Ruiz v. Andrew M. Saul

United States District Court for the Central District of California

Erica Ruiz v. Andrew M. Saul

Trial Court Opinion

ase 2:21-cv-04197-JFW-PVC Document 30 Filed 06/01/22 Page1of1 Page ID #:887 2 JS-6 4 5 UNITED STATES DISTRICT COURT 6 CENTRAL DISTRICT OF CALIFORNIA 7 WESTERN DIVISION 8 || ERICA RUIZ, No. 2:21-cv-04197-JFW-PVC JUDGMENT OF REMAND 10 Plaintiff, 11 Vv. 2 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 13 14 Defendant. 15 || Ma... 77> 16 The Court having approved the parties’ Stipulation to Voluntary Remand 17 || Pursuant to Sentence 4 of

42 U.S.C. § 405

(g) and to Entry of Judgment (“Stipulation 18 || of Remand”) lodged concurrent with the lodging of the within Judgment of Remand. 19 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above- 20 || captioned action is remanded to the Commissioner of Social Security for further 21 proceedings consistent with the Stipulation of Remand.! 22 fuk Af ° 23 DATED: June 1, 2022 04 HON. PEDRO V. CASTILLO UNITED STATES MAGISTRATE JUDGE 25 26 ||! In Bastidas v. Chappell,

791 F.3d 1155

(9th Cir. 2015), the Ninth Circuit held that the magistrate Judge had the authority to Srant Petitioner’s request to dismiss two 27 || unexhaustéd 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 28 || 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.

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Reference

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