Kelley v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA MARK KELLEY, Case No. 1:24-cv-00477-CDB (SS) 12 Plaintiff, FINDINGS AND RECOMMENDATION TO GRANT STIPULATED REQUEST TO 13 v. VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) COMMISSIONER OF SOCIAL AND TO ENTRY OF JUDGMENT SECURITY, 15 (Doc. 14) Defendant.

16 Clerk of the Court to Randomly Assign District Judge 18 Pending before the Court is the parties’ stipulation to voluntary remand pursuant to sentence four of 42 U.S.C. § 405(g) filed October 15, 2024. (Doc. 14).

20 Upon consideration of the parties’ stipulation, pleadings, and for good cause shown, IT IS HEREBY ORDERED: 22 1. The Clerk of the Court is DIRECTED to randomly assign a district judge to this 23 action for the purposes of reviewing these findings and recommendations.

24 And IT IS HEREBY RECOMMENDED: 25 1. The above-captioned matter be remanded to the Commissioner of Social Security for 26 further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g); 27 2. Upon remand, the Commissioner will offer Plaintiff the opportunity for a hearing, 1 decision, in accordance with the parties’ stipulation (Doc. 14 at 1); and 2 3. The Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and 3 against Defendant, reversing the final decision of the Commissioner, and terminate 4 all pending dates.

5 These findings and recommendations will be submitted to the United States District Judge || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 14 days of being | served with these findings and recommendations, the parties may file written objections with the | Court. The document should be captioned “Objections to Magistrate Judge’s Findings and | Recommendations.” The parties are advised that failure to file objections within the specified | time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th } Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

12 | IT IS SOORDERED. 'S | Dated: _ October 16, 2024 | hr 14 UNITED STATES MAGISTRATE JUDGE