Opinion
5:23-cv-01346-JLS-PVC
11-09-2023
STEVEN PADILLA, 23-CV-3234 LDH v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
E. MARTIN ESTRADA United States Attorney DAVID M. HARRIS Assistant United States Attorney Chief, Civil Division CEDINA M. KIM Assistant United States Attorney Senior Litigation Counsel, Civil Division SUSAN L. SMITH, CSBN 253808 Special Assistant United States Attorney Social Security Administration Office of the General Counsel Attorneys for Defendant
E. MARTIN ESTRADA
United States Attorney
DAVID M. HARRIS
Assistant United States Attorney Chief, Civil Division
CEDINA M. KIM
Assistant United States Attorney
Senior Litigation Counsel, Civil Division
SUSAN L. SMITH, CSBN 253808
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
Attorneys for Defendant
JUDGMENT OF REMAND
PEDRO V. CASTILLO, UNITED STATES MAGISTRATE JUDGE
The Court having approved the parties' Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”) lodged concurrently with the Judgment of Remand, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand.
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 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. 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.