Jose Lafaurie v. Kilolo Kijakazi
Jose Lafaurie v. Kilolo Kijakazi
Trial Court Opinion
1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JOSE LAFAURIE, Case No. EDCV 22-1865 MCS (PVC)
12 Plaintiff, 13 v. JUDGMENT OF REMAND 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant. 16 17 18 The Court having approved the parties’ Stipulation to Voluntary Remand Pursuant 19 to Sentence Four of
42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to 20 Remand”) lodged concurrently with the Judgment of Remand,1 IT IS HEREBY 21 ORDERED, ADJUDGED AND DECREED that the above captioned action is remanded 22 23 24
25 1 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 26 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. 27 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. 28 Because there appears to be no danger of undue prejudice to any party, the Court grants 1 || to the Commissioner of Social Security for further proceedings consistent with the terms 2 || of the Stipulation to Remand. 3 4 || DATED: May 11, 2023 . ° fu 6 OF PEDRO V. CASTILLO 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown