Vincent A. Griffieth v. Kilolo Kijakazi
Vincent A. Griffieth v. Kilolo Kijakazi
Trial Court Opinion
1 JS-6 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 WESTERN DIVISION 10 || VINCENT A. GRIFFIETH, No. 2:22-cv-02749-SSS-PVC JUDGMENT 12 Plaintiff, 13 V. KILOLO KIJAKAZI, Acting 14 Commissioner of Social Security, 15 16 Defendant. LDS 18 Having approved the parties’ Stipulation to Remand Pursuant to Sentence Four 19
42 U.S.C. § 405(g) and to Entry of Judgment, THE COURT ADJUDGES AND 9 || DECREES that judgment is entered for Plaintiff.' 21 f Hf ° 22 fu DATED: April 13, 2023 23 HON. PEDRO V. CASTILLO UNITED STATES MAGISTRATE JUDGE 25 || i, 'In Bastidas v. Chappell,
791 F.3d 1155(9th Cir. 2015), the Ninth Circuit held that the 26 || 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 27 || 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 28 entry of judgment here is jointly made by the parties, without anny compulsion □ from the magistrate judge. Because there appears to be no danger of undue prejudice to any party, the Court grants the request.
_1l_
Reference
- Status
- Unknown